Competencias y reconocimiento de derechos de las personas vulnerables: sanidad, vivienda y derechos fundamentales

Abstract

The purpose of this work is to demonstrate that, in resolving conflicts of jurisdiction regarding certain matters, the Constitutional Court has not taken into account the interpretation that international courts have made on the content of certain human rights. These are closely linked to social rights or guiding principles of social and economic policy, whose safeguard or satisfaction corresponds to the Autonomous Communities by virtue of their competences recognized by the Statutes of Autonomy. For example, health care is related to the right not to receive cruel, inhuman or degrading treatment or, even, to the right to life; the right to decent housing is also inherent to private and family life. Thus, the article proposes that the Constitutional Court should apply the principle of proportionality by balancing the rights of individuals in a situation of need, emergency or social exclusion, as well as their economic viability in order to guarantee them. It also considers taking into consideration the competences of the Autonomous Communities in matters such as social assistance or housing.

Keywords

• social rights
• competencies
• health
• housing