A Room with a View – The Protection of Social Rights in a European International and Supranational Perspective

Resumen

http://dx.doi.org/10.5007/2177-7055.2014v35n69p19

This article examines the current framework for a “European” recognition of social rights starting from the main relevant Council of Europe and European Union sources. Through a review of the main challenges faced by such a debated category of entitlements in the European context, we will discuss the actual effectiveness of their protection and the potential risks implied in skeptical positions towards supranational commitments perceived as exceedingly pervasive. References to selected case law from the European Court of Human Rights and the European Court of Justice will not only highlight the obstacles related to the enactment of “European” social rights provisions, but also point out the presence of interpretive tools that may actively help in overcoming them.