Diritti sociali come diritti fondamentali? Questioni antiche per guardare il futuro

Abstract

In recent years, the debate on the protection of social rights has taken on a renewed centrality in the national, European and international legal debate. Farreaching and impactful global challenges, such as climate change, rapid technological evolution, significant demographic transitions and rising inequalities, have catalysed a deeper analysis of the role and scope of social rights. Also, since the adequate protection of these rights is now more than ever considered indispensable for the sustainable progress of societies, the possibility – once firmly opposed – of considering social rights as fundamental human rights seems to be gaining ground in the current debate. In order to address this question, it is not only necessary to reconsider the traditional generational classification between civil and political rights and economic, social and cultural rights, but it is necessary to investigate the effective capacities of institutions to face the challenges of the new century to give effectiveness to the idea of “freedom from fear and want ... as man’s highest aspiration”. In this context, this article aims to describe the implications of this redefinition, proposing a critical examination of the current regime of protection of social rights in Italy and evaluating the prospects for their strengthening in the European and international context.