THE SOCIAL RIGHTS OF MIGRANTS

被引：0
|
作者：
Maestro Buelga, Gonzalo [1 ]
机构：
[1] Univ Basque Country, Fac Ciencias Soci Comun, Dept Derecho Constituc Hist Pensamiento Movimient, Campus Leioa,B Sarriena, Leioa 48940, Spain
来源：
REVISTA CATALANA DE DRET PUBLIC | 2010年 / 40期
关键词：
social rights; immigration; dignity of the person; labor freedoms;
D O I：
暂无
中图分类号：
D9 [法律]; DF [法律];
学科分类号：
0301 ;
摘要：
The aim of this paper is to take a closer look at the legal status of the social rights of immigrants. The main problem raised is the particular precariousness of undocumented immigrants (those who lack work and residence permits); for them, having one's papers in order is the gateway to social rights. The issues of constitutionality emerge precisely from this situation. Immigrants with their papers in order basically enjoy the same social rights as Spaniards; consequently, the problems they face are general social rights issues. Labor freedoms are the main exception, since they are far removed from the requirement of having all of one's papers in order to have access to these rights. Case law resting on human dignity as a criterion for access to rights has not been transferred to the social citizenship of undocumented immigrants, who find themselves denied it outright.
引用
收藏
页码：53 / 72
页数：20
相关论文
共 50 条
12345