Through the prism of the right to housing: first notes for a critical constitutional analysis

The essay investigates the constitutional dimension of the right to housing, through the study of its foundation in the Constitution and the constitutional jurisprudence. The perspective adopted is broad and approaches the fundamental right from different angles: general recognition, relationships between property and social function, house rents and blocking of evictions in the Covid-19 era, State-Region competences in the management of policies for the right to housing, access to public housing. The thesis put forward is that it is necessary to adopt an institutionalist theory of fundamental rights to guarantee the effectiveness of the right to housing, which involves a contextualized reading of the constitutional system and is not limited to the individualistic dimension of the right. In fact, this approach involves, on one hand, the political-legal need to regulate urban conflict and, on the other hand, the constitutional need for the intervention of public powers in economy, in order to rebalance the socio-economic disparities that arise and are perpetuated in the urban dimension. © 2023, Societa Editoriale Federalismi s.r.l.. All rights reserved.

Social Europe in Times of COVID-19

COVID-19 gave rise to an unprecedented global crisis. As the end of the pandemic approaches and new crises have taken hold of Europe in the shape of the Russian invasion of Ukraine, we propose in this study to analyse the actions taken by the European Union in the field of labour law during the pandemic. While any crisis can reveal the strengths and weaknesses of a society, what does the pandemic tell us in particular about the state of Social Europe and its future? The responses from Europe have been different from the previous crisis, especially the 2008 crisis. First, as an immediate response, the European Union released Member States from the European budgetary rules enshrined in the European Semester. Second, it adopted a specific instrument, the Support to mitigate Unemployment Risks in an Emergency (SURE) programme, to facilitate short time working (STW) schemes. Third, the implementation of the European pillar of social rights continued, with new social directives expected to be adopted in the coming months. Unlike the 2008 crisis, the COVID-19 period could mark a deepening of social Europe. © 2023 Kluwer Law International BV, The Netherlands

The Covid-19 Pandemic as a Driver of More Responsive Social Procedures: between Theory and Practices in Slovenia

Social and other administrative procedures are gaining importance because of the increasing complexity of administrative relationships brought about by the Covid‐19 pandemic, digitalisation, and other societal changes. When exercising social rights, procedural elements should be seen – both at the level of regulation and enforcement of the rules – as factors contributing to the welfare state, the rule of law, and good administration, and not as an excuse for a bureaucratic attitude. In view of the multifunctionality of social procedures, including their casual‐functional role in social relationships and their potential for a critical value‐based evaluation of the current regulation, the rationale for this study is to assess the impact of the Covid‐19 pandemic on special administrative procedures conducted by the 16 social work centres (SWCs) in Slovenia. A special emphasis is placed on the informational calculation of social assistance payments, such as child benefits, kindergarten subsidies or state scholarships ‐by far the most numerous procedures involving social rights in Slovenia, with over one million cases annually. Drawing upon a normative analysis, available statistics, semi‐structured interviews with SWCs managers and surveys among employees, the findings reveal that the response of SWCs to the crisis has improved. However, largely due to the lack of coordination on the part of the line ministry, the simplifications introduced mainly benefit the public administration rather than particularly vulnerable parties to the procedure. Consequently, there is a need to pay greater attention to providing the parties with adequate protection of their constitutional rights and other elements of good public governance. In addition to analysing the direct practical implications of the legislative, organisational, and IT adaptations to the Covid‐19 pandemic, the article provides a broader study of the multifunctionality of social procedures and their role in ensuring citizens' fundamental rights in times of socially unstable conditions. The findings are thus directly applicable for practitioners deciding on social procedures in the broader European setting, and for policymakers and legislators in the respective fields. As the conclusions are grounded on a strong methodological framework, this should contribute to advocating the much‐needed change in ensuring the protection of the basic constitutional rights in social procedures in times of crisis in Central Europe and beyond. [ FROM AUTHOR] Copyright of NISPAcee Journal of Public Administration & Policy is the property of Sciendo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full . (Copyright applies to all s.)

Interpreting the state–citizen nexus in contemporary Nordic legal and social citizenship: the case of divergence in restriction on freedom of movement as a mitigation policy in the COVID-19 pandemic

The aim of this article was to use an interpretivist approach to analyse the state–citizen nexus in general and the conflict between civil and social rights imposing restrictions on people's freedom of movement during the COVID-19 pandemic in the Nordic countries: Sweden (restrictions were voluntary and relied on nudging and individual implementation), Norway (restrictions of movement were for everyone and was enforced by authorities), and Finland (restrictions of movement were for the capital region and was enforced by authorities). Sweden focused more on upholding the civil rights vis-à-vis social rights whereas in Norway and Finland social rights have trumped civil rights in the face of the pandemic. Thus, the analysis suggests that the Nordic countries cannot be understood as monoliths in all respects. The article thereby contributes to a greater understanding of how the Nordic governments prioritise civil and social rights differently when they are forced to choose.

Making Societies Social Again After the Crisis

The spread of the COVID-19 virus has triggered a global crisis which has profound social implications. It can be shown that the weakening of social rights and bonds caused by the constraints on welfare spending and a diminishing commitment to equality in recent social policy developments has now exacerbated social divisions. The nature of the polarization behind these cleavages has long been recognized in social work and the knowledge and experience of this profession and discipline can therefore provide essential reference points towards the re-building of social solidarity in post-Corona societies. In this project, the Global Definition of Social Work, ratified jointly by IASSW and IFSW, forms an incentive to strengthen social workers' political role in combination with their inter-personal competencies. Their commitment to practice based on social justice can lead the way towards a new political recognition of the importance of social dimensions of societies. © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022.

Societal smart city: Definition and principles for post-pandemic urban policy and practice

Smart cities are expected to address global challenges and increase the quality of life. However, due to the overemphasis on physical and technological aspects, social rights and democratic values have often been neglected in smart city projects. In this paper, we introduce the concept of 'societal smart city' and discuss how and why it should be prioritized in the post-pandemic era. We argue that a societal smart city is a city that integrates social rights and democratic values with technological innovations. Six major dimensions of a societal smart city are: social sustainability, citizen-centeredness, e-democracy, social justice, participatory governance, and cultural resilience. We encourage urban planners and policymakers to pay attention to these dimensions and caution against physical and technological determinism.

From austerity neoliberalism in Europe to social reconstruction in Spain: Proposals for constitutional reforms

More than a decade after the start of the eurozone crisis, the coronavirus in Spain has brought back the idea of constitutional reform in social rights. The paradigm shift that occurred with the arrival of the pandemic is hardly questionable. From the austerity promoted by European institutions and assumed by national authorities in the face of the 2008 financial crisis, we have recently moved on to boosting public investment and social spending in both spheres of governance. This paper comparatively analyses the two scenarios to demonstrate that economic policy is a matter of ideology. Moreover, austerity is only one of many possible responses to economic downturns. And to preserve our welfare state in the face of future austerity trends, this paper argues strongly in favour of a series of constitutional reforms in Spain to guarantee the effectiveness of social rights.

Pandemic and state aid measures: financially conditioned social rights implications

If the effective enjoyment of constitutionally enshrined and financially conditioned social rights depends above all on the spending limits imposed by the balanced-budget rule, they risk being sacrificed in the current macroeconomic landscape, characterized by the slack of public finance constraints due to the Covid-19 pandemic. State aid authorized by the European Commission with the Temporary Framework of 19 March 2020, although mainly intended for enterprises, could represent a precious opportunity to ensure the stability of the constitutional state and counter the progressive process of degradation of social rights. After a brief examination of the nature of the rights and incentive measures de quo, the present discussion intends to illustrate how the intention of financing the social welfare functions with such aid would remain a practicable way, provided, however, that effective implementation of the PNRR is given (pursuing the objectives of social justice, inclusion and economic and social cohesion) and that reforms focused on the spending review process and on the improvement of the public sector net borrowing are implemented. In fact, public administrations often do not have the possibility to provide welfare grants, beacuse they cannot take out loans of Recovery and Resilience Facility. © 2023, Societa Editoriale Federalismi s.r.l.. All rights reserved.

Addressing Intersecting Inequalities through Alternative Economic Strategies

This chapter examines inequalities in income, wealth, and health in the United Kingdom (UK) prior to Covid-19, focusing on class, gender;and race. It shows how these inequalities have intensified during the pandemic and discusses ways in which these inequalities could be reduced through alternative economic strategies put forward by feminist economists. Central to these strategies is public investment in care services. The chapter argues for going beyond this to make the whole economy a caring economy in which we give priority to care for one another and the planet in the ways in which we produce and consume all goods and services. Eight steps towards bringing this about are set out, steps which can be strengthened by redressing the imbalance between the commercial property rights of corporations and rentiers and the economic and social rights of disadvantaged people. © The several contributors 2022. All rights reserved.

"Warring" Ideals: Black Citizenship and the Struggle for Inclusion in the USA.

This paper critiques black citizenship in America. Using the "warring ideals" of W.E.B DuBois, it posits that African American citizenship is a complex interplay between the universality of citizenship, i.e., the ideals of the western liberal tradition, and the lived realities of citizenship. Highlighting the paradox of race, the article underscores that black citizenship has never been a guarantee in American society. "Warring ideals" encompass a struggle between aspirational ideals of what American citizenship is supposed to be and what it actually is-especially for those who are marginalized. Lived realities of citizenship often mean coming to terms with daily encounters with racism and structural discrimination which affirm and reaffirm citizenship boundaries. The manuscript also evaluates how watershed movements such as the civil rights, black power, and Black Lives Matter movements have attempted to reconcile the ideals and the realities of American citizenship.

Fair Market Constitutionalism: From Neo-liberal to Democratic Liberal Economic Governance

Neo-liberalism was in crisis well before COVID-19;and COVID-19 has only further highlighted the gaps and fault lines in existing liberal democratic models. But this does not mean that we should walk away from liberal ideals, or the general idea of globalisation or market-based forms of ordering. Instead, we should seek a new, more 'democratic' or pro-social understanding of the liberal ideal, which emphasises the idea of fair rather over free markets. This idea of fair markets can be understood in numerous ways, but I suggest that it is best understood as entailing a commitment by the state to: (i) guaranteeing access to a public baseline of core goods, or access to a generous social minimum to all citizens, regardless of market outcomes;(ii) ensuring equality of access to certain 'relative goods';(iii) regulating market power or sources of monopoly power;and (iv) responding to or 'internalising' negative externalities or social costs associated with private market behaviour. The article explores what this entails for the design of constitutions, and especially constitutional property and social rights, and the scope and strength of judicial review. Ultimately, the article suggests, fair market constitutionalism points to the desirability of a combination of weak property and social rights-ie property rights that offer some but not complete protection for existing economic entitlements, coupled with legislative duties to implement fair market norms or limited weak social rights guarantees. But this does not mean that such guarantees can only be weakly enforced by courts: blockages in the democratic process may mean that courts can and should adopt a weak-strong-or responsive-approach to enforcing these fundamentally weak rights guarantees.

Enhancing solidarity among Europeans: Toward a political reappraisal of the EU and its citizenship

Related Articles In recent years, the EU's ability to mobilize European citizens in its favor and counteract such phenomena as nationalism, populism, and “sovereignism” has significantly decreased. Consequently, the suggestion has been made that the EU's social dimension should be enhanced and its citizenship be made more salient in that regard. Such a suggestion has become even more topical after the COVID‐19 outbreak and the strain it has placed on the health‐care systems and economies of EU member states. Starting from a debate which addresses that suggestion, in this article I argue that, before attempting to enhance its social dimension, the EU should first try to strengthen its still weak political foundations in order to cope with its predicament. The article also shows that this move would be consistent with the rationale behind the European integration process, where economic issues were originally regarded as only means to achieve an ever‐closer political union.Barrault‐Stella, Lorenzo, and Thomas Douniès. 2021. “Introduction to the Special Issue: Citizenship as a Tool of Government in Europe.” Politics & Policy 49(4): 824–41. https://doi.org/10.1111/polp.12423.Ewert, Benjamin. 2021. “Citizenship as a Form of Anticipatory Obedience? Implications of Preventive Health Policy in Germany.” Politics & Policy 49(4): 891–912. https://doi.org/10.1111/polp.12421.McBeth, Mark K., Donna L. Lybecker, and Kacee A. Garner. 2010. “The Story of Good Citizenship: Framing Public Policy in the Context of Duty‐Based versus Engaged Citizenship.” Politics & Policy 38(1): 1–23. https://doi.org/10.1111/j.1747‐1346.2009.00226.x. (English) [ FROM AUTHOR] Mejorar la solidaridad entre los europeos: hacia una reevaluación política de la UE y su ciudadanía En los últimos años, la capacidad de la UE para movilizar a los ciudadanos europeos a su favor y contrarrestar fenómenos como el nacionalismo, el populismo y el “soberanismo” ha disminuido significativamente. En consecuencia, se ha sugerido que se mejore la dimensión social de la UE y que su ciudadanía se haga más prominente en ese sentido. Tal sugerencia se ha vuelto aún más actual después del brote de COVID‐19 y la presión que ha ejercido sobre los sistemas de salud y las economías de los estados miembros de la UE. Partiendo de un debate que aborda esa sugerencia, en este artículo sostengo que antes de intentar mejorar su dimensión social, la UE primero debería tratar de fortalecer sus bases políticas aún débiles para hacer frente a su predicamento. El artículo también muestra que esta medida sería coherente con la lógica detrás del proceso de integración europea, donde los asuntos económicos se consideraron originalmente como el único medio para lograr una unión política cada vez más estrecha. (Spanish) [ FROM AUTHOR] 加强欧洲人之间的团结:对欧盟及其公民身份进行政治重估 近年来，欧盟在动员欧洲公民的支持，并抵制民族主义、民粹主义和“主权主义”等现象方面的能力明显下降。因此，有人建议加强欧盟的社会维度，并在这方面使其公民身份更加突出。在新冠疫情爆发及其对欧盟成员国的医疗保健系统和经济造成压力之后，这样的建议变得更加热门。以针对该建议的辩论为出发点，我论证认为，在试图增强其社会维度之前，欧盟应首先尝试加强其仍然薄弱的政治基础，以应对其困境。本文还表明，这一举措与欧洲一体化进程背后的基本原理是一致的，在欧洲一体化进程中，经济问题最初被视为实现更紧密的政治联盟的唯一手段。 (Chinese) [ FROM AUTHOR] Copyright of Politics & Policy is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full . (Copyright applies to all s.)

A proportionate response is the maximal one? Economic and social rights during the pandemic

This paper analyses how responses to the COVID-19 pandemic have interacted with economic and social rights during the first two years of the pandemic (in 2020 and in 2021) in the Australian state of Victoria. The pandemic has naturally focused attention on health, resulting in much government action to protect public health by preventing COVID-19 infections. However, Victoria’s multiple lockdowns have also imposed heavy socio-economic burdens, which have been unevenly spread, exacerbating the vulnerable positions of already marginalised groups and individuals. In addition, in contrast to what was hoped for by some commentators, the crisis has failed to bring about fundamental change in economic and social policies undermining the enjoyment of economic and social rights. The reasons behind these outcomes can be located, most obviously, in the blunt approach chosen early on that characterised the pandemic response throughout. However, they also resulted from limited consideration of the demands of economic and social rights, including their inherent tensions and inter-relationships, and from lack of attention to existing inequalities. © 2022 Australian Journal of Human Rights.

Employment in the EU: post-industrial challenges and prospects

The work lives of many people everywhere are changing dynamically and will continue to be transformed in the coming years. Artificial intelligence and robotics are expected to create tens of millions of new jobs globally, while many jobs will re-form or even disappear. The dynamics of transformations observed in the labor market, namely the speed and breadth of the spread of diverse forms of employment, different from the standard one, in the European Union and many other countries around the world, including Russia, make the topic of this study especially relevant. The causes, scale and possible consequences of this phenomenon require the elaboration of theoret-ical aspects, conceptual apparatus, and monitoring on a permanent basis in the country and regional context. Most countries of the world are experiencing various socio-economic difficulties due to unbalanced structure of production and population, grow-ing precarization of employment, regional differences in living standards and quality of life, digital inequality, the negative impact of certain political decisions, objectively re-inforced by the COVID-19 pandemic and its consequences. Insecurity in the world of work challenges the fundamental principles of the European Social Model concerning job security and decent social protection through labor market segmentation and social polarization. The article analyzes the state and prospects of the European labor market and the efforts of EU authorities to adapt it to the postindustrial reality. © 2022, Institute of Europe Russian Academy of Sciences. All rights reserved.

Política Pública Educativa Deportiva: Implementación del Programa Segundo Tiempo Universitario en la UFMS (Educational Sport Public Policy: Implementation of the Segundo Tempo University Program at the UFMS)

This study aimed at analyzing the agreement of the implementation of the Segundo Tempo University Program (STUP) at the Federal University of Mato Grosso do Sul (UFMS) in Brazil. It was a descriptive research, with a qualitative approach. Data collection was carried out through semi-structured interviews with the teacher and sports monitors who worked in the program. The analysis of the interviews was carried out through the Iramuteq Program and, in a complementary way, the analysis of documents from the STUP was used. The main results indicate that there was a dissociation between the initial planning (national guidelines) and the implementation of the STUP at UFMS. The researched agreement suffered from delays in structuring due to bureaucratization and constant stoppages due to the holding of a scientific congress, which interdicted all UFMS sports equipment for a month. The COVID-19 pandemic also paralyzed the program for five months. It is concluded that the STUP partially followed the national guidelines and bumped into bureaucratic limitations in structuring and systematizing the data, as it was not aligned with the academic events of the institution and was unable to finish the initial plan as planned. Alternate :El objetivo fue analizar la implementación del convenio del Programa Según Tiempo Universitario (PST Universitario) en la Universidad Federal de Mato Grosso do Sul (UFMS) en Brasil. Mediante una investigación descriptiva con abordaje cualitativo, la coleta de datos fue hecha con entrevista semi-estructurada con el profesor y los monitores deportivos que actuaron en el convenio. Para el análisis de las entrevistas fue utilizado el Programa Iramuteq y de modo complementar, fue utilizado el análisis de los documentos del PST Universitario. Los principales resultados indicaron la disociación entre la planificación inicial (las pautas nacionales) y la implementación del PST Universitario en la UFMS. El convenio investigado presentó limitaciones con retrasos en la estructuración debido a la burocratización y las constantes paralizaciones por la realización de congreso científico, que interdicto a todos los equipamientos deportivos por un mes. Lo de la pandemia de COVID-19 también ha paralizado el programa por cinco meses. Se ha concluido que el PST Universitario siguió parcialmente las pautas nacionales y fue retrasado por las limitaciones burocráticas de la estructuración y sistematización de los datos, ya que no estaba en consonancia con los eventos académicos de la UFMS y no consiguió finalizar el plan inicial como planificado.: El objetivo fue analizar la implementación del convenio del Programa Según Tiempo Universitario (PST Universitario) en la Universidad Federal de Mato Grosso do Sul (UFMS) en Brasil. Mediante una investigación descriptiva con abordaje cualitativo, la coleta de datos fue hecha con entrevista semi-estructurada con el profesor y los monitores deportivos que actuaron en el convenio. Para el análisis de las entrevistas fue utilizado el Programa Iramuteq y de modo complementar, fue utilizado el análisis de los documentos del PST Universitario. Los principales resultados indicaron la disociación entre la planificación inicial (las pautas nacionales) y la implementación del PST Universitario en la UFMS. El convenio investigado presentó limitaciones con retrasos en la estructuración debido a la burocratización y las constantes paralizaciones por la realización de congreso científico, que interdicto a todos los equipamientos deportivos por un mes. Lo de la pandemia de COVID-19 también ha paralizado el programa por cinco meses. Se ha concluido que el PST Universitario siguió parcialmente las pautas nacionales y fue retrasado por las limitaciones burocráticas de la estructuración y sistematización de los datos, ya que no estaba en consonancia con los eventos académicos de la UFMS y no consiguió finalizar el plan inicial como planificado. : This study aimed at analyzing the agreement of the implementation of the Segundo Tempo Universit Program (STUP) at the Federal University of Mato Grosso do Sul (UFMS) in Brazil. It was a descriptive research, with a qualitative approach. Data collection was carried out through semi-structured interviews with the teacher and sports monitors who worked in the program. The analysis of the interviews was carried out through the Iramuteq Program and, in a complementary way, the analysis of documents from the STUP was used. The main results indicate that there was a dissociation between the initial planning (national guidelines) and the implementation of the STUP at UFMS. The researched agreement suffered from delays in structuring due to bureaucratization and constant stoppages due to the holding of a scientific congress, which interdicted all UFMS sports equipment for a month. The COVID-19 pandemic also paralyzed the program for five months. It is concluded that the STUP partially followed the national guidelines and bumped into bureaucratic limitations in structuring and systematizing the data, as it was not aligned with the academic events of the institution and was unable to finish the initial plan as planned.

NATIONAL HEALTH SERVICE AND SARS-COV-2: CRITICAL REMARKS ON THE COMPETITIVE POLICIES IN HEALTHCARE

The article highlights the impact of the pandemic on the National Health Service. After outlining the central role played by the National Health Service in guaranteeing individual freedoms and for social life, the article criticizes the privatization process of the 1990s. In particular, it highlights how the spirit and mission of public service have profoundly changed, invoking the need for a true reform that leads it back to its original mission. © 2021

PROTECTION OF SOCIAL RIGHTS AS A PERMAMENT CHALLENGE FOR THE EUROPEAN UNION

Social rights protection in the European Union has undergone significant development. Currently their protection is regulated by relevant treaty provisions and the Charter of Fundamental Rights (Charter), both of a primary law nature, as well as by the non-binding European Pillar of Social Rights (Pillar). The aim of the paper is the assessment of the social rights protection in the EU, and whether all social rights provided in the CFR have their counterparts in the EPSR, hence whether and in what way the EPSR assists the actual exercise of social rights provided by the CFR. Comparing the content of the above-mentioned legal instruments makes it possible to answer the question whether all social rights provided in the Charter have their counterparts in the Pillar. This can help determine whether the latter affects the implementation of the former. If the answer is in the affirmative, it can further allow for determining in what way the principles of the Pillar assist in the actual exercise of social rights provided by the Charter. This is very important taking into account the need for an ongoing response to unforeseen threats, like for example COVID-19. The social aspects of EU integration thus are and will remain a subject of interest in the nearest future.

Welfare Paradoxes and Interpersonal Pacts: Transnational Social Protection of Latin American Migrants in Spain

This article analyses the relationship between migration, care work, and welfare provision, highlighting the role of Latin American migrants in Spain as providers of formal and informal social protection on a transnational scale. It contributes to the debate on transnational social protection and transnational social inequalities from the perspective of welfare paradoxes and interpersonal pacts. Migrant women in Spain have become a resource for the provision of formal social protection through their employment as domestic care workers. Nevertheless, given that access to social rights in Spain depends on job stability and residency status, they have difficulties in accessing formal social protection themselves. This process constitutes a “welfare paradox,” based on the commodification and exclusion paradoxes, explained by structural factors such as the characteristics of the welfare regime (familiaristic model, with a tendency to hire domestic workers as caregivers into households), the migration regime (feminised and with a clear leaning towards Latin American women), and the economic landscape resulting from two systemic crises: the great recession of 2008 and the Covid‐19 pandemic. Interpersonal pacts, rooted in marriage/couple and intergenerational agreements, and their infringements, are analysed to explain the transnational and informal social protection strategies in the context of the “exclusion paradox” and the breach of the “welfare pact.” Our research draws on the exploitation of secondary data and multi‐sited, longitudinal fieldwork based on biographical interviews conducted with various members of transnational families in Spain and Ecuador (41 interviews).

The impact of COVID-19 on the socio-economic rights of older persons in Africa: The urgency of operationalising the Protocol on the Rights of Older Persons

Since the outbreak of the COVID-19 pandemic across the world, it has been reported that older persons have suffered acute hardship and fatalities more than any other age group. According to the World Health Organisation the fatality rate among older persons is five times the global average, and the United Nations has predicted that the mortality rate could climb even higher. The situation is aggravated on the African continent as a result of a shortage of medical personnel and other resources, as well as inadequate palliative measures to address the issues around the pandemic. Despite the provisions in the African Charter on Human and Peoples’ Rights and the Protocol to the African Charter on the Rights of Older Persons in Africa which seek to provide some safety nets, many of these senior citizens continue to suffer untold socio-economic hardship. Adopting an analytical and doctrinal methodology, this article examines the Protocol, the International Covenant on Economic, Social and Cultural Rights and several United Nations policy documents aimed at realising the socio-economic rights of older persons. The article finds that there is a lack of political commitment to operationalise the provisions of the Protocol, as evinced by the limited number of countries that have ratified it since its adoption in 2016. It comparatively engages with the provisions of the Inter-American Convention on the Rights of Older Persons to argue that, beyond the normative framing of these rights in Africa, there is a need for deliberate and genuine commitment by governments in Africa, if the rights are to be realised. The article advocates international, regional and national cooperation and calls for a more liberal judicial approach, to ensure that the Protocol’s ‘paperisation’ of the rights of older persons does not lead or continue to lead to their pauperisation. © 2021, Pretoria University Law Press. All rights reserved.

SOCIAL SERVICE AND GUARDIANSHIP: A LOOK AT THE EXPERIENCES OF PEOPLE WITH DISABILITIES IN ARROIO DOS RATOS/RS

The judicialization of the social issue is a phenomenon originating in the crisis of capital. Thus the facing of the social issues by the Executive Power policies are transferred to the Judiciary Power organizations. This article emerges from the analysis carried out during the obligatory curricular internship in Social Service study, which had as objective to reflect about the work process of the Social Assistant and the curatorship of the disabled person and their social determiners. The debate here incited is about the paradox between the social rights instituted by the Federal Constitution of 1988 and the real materialization of them in the disabled person routine. And also the worsening of the people's emerging demands due to the pandemics context of Covid-19 which modifies the population's life condition, as well as the access to their rights. Therefore, this article aims to debate about the disabled person's experiences in the present conjucture. Their main historical challenges in the burgess sociability, the judicialization of their demands, and the work process of the Social Assistant inserted in the Social juridical field, more specifically in the Judiciary Power. © 2022 UNIVERSIDADE FEEVALEÂ. All rights reserved.