El último bastión en la defensa de los derechos sociales: la Carta Social Europea.

Resumo

This article argues the need to focus on the essential but underexploited (especially in Spain), "European pact for Social Democracy (in particular the European Social Charter and the case law of the European Committee of Social Rights), in order to better guarantee social rights. From this point of view, the author suggest that potential justiciability, without real effectiveness, in meaningless. Similarly, the discourse on indivisibility of human rights is empty without taking the practical impact of the decisions adopted by the Committee through recent development in Spain and its case law in the framework of the judicial collective complaint mechanism. Finally, the author emphasizes the idea of strengthening positive synergies between national and international levels of protection.