Minimum Living Income as a new generation of fundamental social rights .

Abstract

This paper assesses the right to Minimum Living Income (MLI) in Spain following its establishment through the 2020-2021 legislation. Firstly, emphasis
is placed on its crucial legal recognition, which implies both overcoming ethical approaches based on the virtues of charity and the establishment of a more solid legal framework. Secondly, however, it criticises the shortcomings of this legal recognition, insofar as the 2020-2021 legislation is based on European soft-law standards instead of the binding legal instrument par excellence in this field (the European Social Charter, which provides greater stability and guarantees of non-regression). The deficits of the configuration of the MLI as a fundamental right in its basic aspects (beneficiaries, content, limits and guarantees) are then subjected to scrutiny. Finally, it reflects on the optimisation of MLI’s effectiveness in the light of more advanced proposals for a
universal basic income.