El cumplimiento de los Derechos Sociales: retos, judicialización y el rol del Estado

Abstract

This study examines the challenges in fulfilling social rights, highlighting how, unlike civil and political rights, they lack effective legal mechanisms to be enforceable. It analyzes the option of judicializing these rights and the criticisms of this approach, such as the risk of encroaching on political competencies or the lack of judicial training in economic issues. In addition, models of judicial intervention are explored in several countries, concluding that courts can play a complementary role in the protection of social rights without replacing the legislative or executive branch in the formulation of public policies