Reviewing the Regulatory Text on Social and Economic Rights

Abstract

Objective: Rethink the regulatory text on social and economic rights of the Peruvian Constitution of 1993. Theoretical Framework: The legal doctrine on social and economic rights, its evolution, theories of recognition, international treaties and national legislation are reviewed. The challenges in its implementation are analyzed, including national conflicts, automation, technology and consumer law. Method: A qualitative approach is used based on documentary and comparative analysis of legal texts, international treaties and previous studies. The critical analysis of problematic cases in the implementation of these rights is included. It is an exploratory, descriptive and historical research, using recent secondary information. Results and Discussion: Inconsistencies and weaknesses are revealed in the current regulatory text, making it difficult to fully realize social and economic rights. Legislative reforms and judicial reinterpretation are proposed, emphasizing the need for a more inclusive and effective approach. Research Implications: A guide is offered for legislators, judges and academics to improve the regulatory framework on social and economic rights, influencing future legislative reforms and judicial interpretation. Originality/Value: The article is original for its critical and propositional approach, providing a detailed analysis of current deficiencies and practical solutions, highlighting its relevance in the contemporary context of human rights.