History, conception and structure of economic, social and cultural rights

Abstract

Currently, the debate over economic, social and cultural rights seeks to construct, from different perspectives, a plausible explanation to achieve their effectiveness across the regulation of these rights, or across their judicialization. This articles seeks to approach this subject from the viewpoint of the history, concept and structure of these rights. The intention is to demonstrate that these rights fail to protect because they are regarded as purely formal matters. Rather, they ought to be considered as fundamental rights, which oblige compliance and protection by all State and judicial powers.