The purpose of this presentation is to demonstrate that the marginalization of social, economic and cultural rights (rights of the second generation) from the scope of action of the remedy of protection (RP), is wrong, since it rests on a half-truth, and arbitrary, since it lacks a foundation of reason, justice or common good that sufficiently justifies it. Therefore, it is concluded that it is necessary to modify article 20 of the current Constitution, with a view to ensuring its direct protection and thus definitively ending the unconstitutional practice of "property ownership", arising from the ingenuity of our lawyers and maintained by the tolerance of the Courts, in the face of the need to fill a void in our institutionality that can no longer be maintained.
Keywords:
Remedy of protection, Social rights, Constitutional reform, Constitution, Constitutional guarantees
Mohor Abuauad, S. (2014). The remedy of protection and social rights: an outstanding debt. Revista De Derecho Público, Pág. 161–165. https://doi.org/10.5354/rdpu.v0i0.31685
