Resumo

ANDARA SUAREZ, Lenin José  e  PENA BARRIOS, Angello Javier. Public budget and social rights: general perspective on the enforcement of rights. E&c [online]. 2022, vol.1, n.14, pp.75-94. ISSN 2477-9245.  https://doi.org/10.37228/estado_comunes.v1.n14.2022.248.

The enforcement of social rights depends on the financial dynamics of States whose governmental action is, in turn, subject to planning and the availability of resources. This research is of a documentary type and analyses why the public budget matters in enforcing rights (housing, health, and education). This study uses a conceptualization of human rights and proposes introducing social rights to guarantee fair living conditions within the role of Public Administration. It considers the public needs, how States addressed these needs historically, and the availability of financial resources (taxes, public budget, and planning) to attend social rights. This article focuses on the role of judicial power concerning the enforcement of social rights and assesses cases in South Africa and Venezuela regarding social rights. The study concludes that constitutions or declarations of social rights are not enough to assure effectiveness and that budget availability has a predominant place in enforcing rights.

Palavras-chave : human rights; social rights; public budget; public administration; availability of resources..

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