The expansive effects of fundamental rights and its incidence on the configuration and enforceability of social rights

Abstract

The European Court of Human Rights and, to a lesser extent, the Constitutional Court has interpreted certain fundamental rights with a more extensive content, enforcing public authorities to take positive measures in some circumstances, so that those rights can be recognized and be effective. That has had an influence on the configuration of social rights, considered as guiding principles of the economic and social policies according to the Constitution. Thus, it is impossible to guarantee private and family life if authorities do not take alternative or proportional measures to provide housing to a family. In the same way, if the authorities do not provide an adequate healthcare, they can inflict torture or other cruel, inhuman or degrading treatment or punishment. The goal of the work consists in showing that the fundamental rights´ content, as interpreted by European Court, has to be fulfilled by internal authorities, such as the legislator, courts and public Administration, when they have any doubt to resolve conflicts.