Public budget and social rights: general perspective on the enforcement of rights

The enforcement of social rights depends on the financial dynamics of States whose governmental action is, in turn, subject to planning and the availability of resources. This research is of a documentary type and analyses why the public budget matters in enforcing rights (housing, health, and educa...

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Detalles Bibliográficos
Autores principales: Andara Suárez, Lenin José, Peña Barrios, Angello Javier
Formato: Revistas
Lenguaje:Español
Publicado: Instituto de Altos Estudios Nacionales IAEN 2022
Acceso en línea:https://revistas.iaen.edu.ec/index.php/estado_comunes/article/view/248
Descripción
Sumario:The enforcement of social rights depends on the financial dynamics of States whose governmental action is, in turn, subject to planning and the availability of resources. This research is of a documentary type and analyses why the public budget matters in enforcing rights (housing, health, and education). This study uses a conceptualization of human rights and proposes introducing social rights to guarantee fair living conditions within the role of Public Administration. It considers the public needs, how States addressed these needs historically, and the availability of financial resources (taxes, public budget, and planning) to attend social rights. This article focuses on the role of judicial power concerning the enforcement of social rights and assesses cases in South Africa and Venezuela regarding social rights. The study concludes that constitutions or declarations of social rights are not enough to assure effectiveness and that budget availability has a predominant place in enforcing rights.