PROTECTION OF THE RIGHT TO DIGITAL DISCONNECTION: FUNDAMENTAL RIGHT OR CONSTITUTIVE COMMITMENT; [PROTECTION DU DROIT À LA DÉCONNEXION NUMÉRIQUE: DROIT FONDAMENTAL OU ENGAGEMENT CONSTITUTIF]

Bobadilla Yzaguirre M.B.; Rodriguez Cairo V. · Revista Latinoamericana de Derecho Social (2023) · DOI: 10.22201/iij.24487899e.2023.37.18540

Resumen

The right to digital disconnection is legally protected in several countries belonging to different legal families; however, the legislative protection of this right, according to several studies carried out at globally, has not presented satisfactory results for workers. This article reviewed the latest proposals for the protection of the right of digital disconnection of a non-regulatory nature, but which, according to its authors, seek to ensure compliance with it. The revise proposals were: The Declaration on digital rights and principles of the European Union, The digital Bill of Rights of Spain, The Green New Deal of the United States, and The Code of Good Practice on the Right to Disconnection of Ireland. Hence, this research aimed to analyze each of the proposals and their contributions, as well as determine if the proposals approached Constitutional protection or approached protection through constitutive commitments. The work presents a descriptive design, analytical method and qualitative approach. The findings revealed that the proposals coincide with the constitutive commitments and therefore, the effectiveness of the institution of the right of digital disconnection is aligned with the spontaneous order.

Instituciones: Universidad Nacional Mayor de San Marcos; Universidad San Ignacio de Loyola