The Importance of Rulings that Recognize Economic, Social and Cultural Rights as an Effective Social Fulfillment in the Theory of Justice

Abstract

This article discusses the concept of “specific social execution” as part of a comparative theory of justice (as opposed to a transcendental justice theory that seeks justice criteria applicable to all times and places) that studies specific situations trying to make them less unjust.

Given the impossibility of determining the conditions of justice demanded by every particular case, we deal with the case of economic, social and cultural rights, since there is a consensus on the fact that its application and recognition implies a situation of justice.

These rights, despite its positive nature are highly resisted when being recognized, especially by the argument of the States lack of funds in order to implement them. Thus, we will analyse a recent case by the Argentina Supreme Court where it is recognized the right to housing in a particular situation, as an example of specific social execution.