An Interpretative Model for the Progressive Enforcement of Social Constitutional Rights

Quispe J.A.P. · Revista Derecho del Estado (2024) · DOI: 10.18601/01229893.n59.03

Resumen

This article addresses, from a theoretical perspective, the problem of the enforcement of fundamental social rights. The central thesis of the article claims that this enforcement can take place by means of a progressive three-level model, namely: the level of basic functionality, the level of welfare optimisation and the level of welfare supplementation. The article begins with the justification of the equiparability of fundamental social rights with the “traditional or classic” fundamental rights, this being the theoretical requirement to justify the justiciability and enforceability of fundamental rights; it then goes on to develop the idea of the minimum core obligation to incorporate it as the first level within the progressive structure of enforcement. Finally, this theoretical model will be tested by reconstructing the Cuscul Pivaral et al. v. Guatemala case, ruled by the Inter-American Court of Human Rights.

Instituciones: Universidad Nacional Mayor de San Marcos