Social Security as a Human Right and its Justiciability

Abstract

This text presents a conceptual analysis on social security as part of the human rights, in order to oversee its application in diverse scenarios so that it attains a universal status. For this, it is necessary to have a commitment by the States in order to fulfill this right. From a theoretical point of view, we position our research within the trend of social neo-constitutionalism, which is distinguishable because of its guaranty and the observation of the human rights contained in the Constitution as a catalog of rights of direct application, both in public policies and in the jurisdictional sphere. We must clarify that actualizing the social and human rights, beyond any constitutional recognition, is part of the transcendence between citizens and leaders. This text highlights social security as a human right that forms part of the social community and most importantly, it will mainly benefit vulnerable sectors.