Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

This study explored how notions of socioeconomic class appeared in the discourses and practices of students, teachers and administrators, in three Chilean high schools from different socioeconomic levels. Data comes from a larger ethnographic study of discourses and practices of citizenship in these schools. Students approached their social class from a denial or misrecognition standpoint, involving themselves in the practice of arribismo or abajismo, to appear as belonging to an upper or lower social class, respectively. This can be understood as a form of Class Neurosis (De Gaulejac, 2000), involving feelings of guilt, inferiority and rejection linked to social origin. These phenomena were promoted through the school culture and the discourse from adults, which interpellated students´ subjectivity, whose practices included code-switching and a vigilance of themselves and their classmates. The study showed how schools help maintain the social structure through complacency with the meritocratic promise, affecting how students see themselves as part of their communities, how they build expectations about the future, and how they understand that they can become civically engaged.

The first part of the article analyses how the idea of ​​disability has evolved over the course of human history. Further on, it is analysed how the current social model of disability has been applied at the international, European and national level. As will be seen, the United Nations Convention on the Rights of Persons with Disabilities is especially important in this context. One of the major novelties introduced by the Convention is the idea of universal accessibility. This idea, together with the legal concept of “reasonable accommodation”, is gaining great importance in the protection of the rights of persons with disabilities. The concept of “reasonable accommodation” has been applied by the European Court of Human Rights, the European Committee of Social Rights and the Spanish Constitutional Court. The last part of the article analyses the possibility of reforming article 49 of the Spanish Constitution. The purpose of the reform is to adapt the content of the precept to the current social model of disability and eliminate the unfortunate term “mentally handicapped”. This reform should be made in due form and with the widest possible consensus. However, the draft reform of article 49 presented by the Committee of Ministers on May 11, 2021, -now subject under parliamentary debate- contains significant content issues and technical inaccuracies. In addition, the lack of consensus threatens its adoption.

Georges Gurvitch (1894-1965) is one of the founders of the sociology of Law in Europe and, of course, of Social Law as we know it today, although it is also necessary to highlight his eminent condition as an interdisciplinary philosopher and jurist. Attention must be drawn to the undeniable historical fact that his conception of social rights was reflected in various works and in particular in his proposal for La Déclaration des Droits Sociaux (1944), they had an extraordinary influence on various international instruments such as the Declaration of Human Rights of 1948, the Covenant of Economic, Social and Cultural Rights of 1966, the European Social Charter (both in the original version of October 18, 1961 and in the revised version of 1996), the Charter of Social Rights Fundamentals of Workers of 1989 (Declaration of Law Policy), and the Charter of Fundamental Rights of the European Union (original version on December 18, 2000 as Declaration of Law Policy, and the definitive version of 2007 with specific rank of the Treaty of the European Union, in accordance with the provisions of article 6.1 of the Treaty of the European Union, in wording already given at the time by the Traffic do of Lisbon). This influence extends to his masterful major work in the founding field of the Social Idea and Social Law itself, namely: The Idea of ​​Social Law (1932).

Adolfo Posada's reformist and interventionist social republicanism is undoubtedly a democratic social liberalism, even when he defended constitutional democracy in the context of a reform of liberal political institutions. Adolfo Posada defends a unique liberal and pluralistic “organic democracy” based on respect for the political, civil, economic, social and cultural rights of full citizenship. Adolfo Posada defends a republicanism of fundamental rights and freedoms within the framework of a constitutional democracy based on political and social pluralism; And counting, therefore, on the active participation of citizens and social groups and organizations of common solidarity interests where those develop their integral personality and make possible (condition of possibility) their full self-realization as citizens in the community of belonging (pluralistic, functional and social democracy). In constitutional democracy, professional organizations and in particular the trade union as a socio-political subject have a central role.

In this work, it is carried out an analysis of a possible new type of company succession, which is, the succession by transfer of customers. For this, it is realized a brief configuration of the succession of the company, and of the different types that exist, analyzing the judicial and jurisprudential doctrine, both national and community, that have been modulating this legal institution. In the case of succession by transmission of customers, the element that gives rise to the application of art. 44 ET is simply that there is a transmission of customers, without it being necessary for a transmission of assets, tangible or intangible, to also take place.

In the last decade, a new collaborative economy business practice has advanced by leaps and bounds, marking a change of economic course both locally, regionally and internationally. In such an economy, it is a question of substituting competition for collaboration, that is, market competition for collaboration between individuals. Although the philosophy of the collaborative economy has a long history, its exponential development is directly linked to the emergence of ICTs, the transition from web 1.0 to web 2.0, and more specifically to collaborative platforms that offer an intermediation service, putting in contact with different people from all over the world. But what most accelerated the change of the conventional economic paradigm was the COVID-19 pandemic, which brought with it compulsory social isolation in all States, with a strong negative impact on the economy and the consequent loss of jobs that had repercussions on the poorer populations. In this sense, the collaborative economy expanded in all economic sectors. This new modality of production and exchange of goods and services, based on the interaction between peers through digital platforms, constitutes an innovative phenomenon of global and transversal scope that is generating important structural changes in business. Unlike traditional markets, collaborative digital platforms benefit from low costs thanks to the use of technology and social networks, as well as models for generating trust between users and service providers. But the great paradox is the contradiction between the high income of these platforms compared to the low costs, including the labor cost since they are unaware of the existence of any type of dependent labor relationship. To such an extent that, in recent years, the very concept of the collaborative economy has become blurred, since these platforms, taking advantage of the collaborative economy business model, offer an intermediation service, putting service providers in contact with users, through a mobile application. Especially the private passenger transport platforms, which are beginning to have a different frame, moving away from the notion of collaborative platforms to approach platform capitalism or “platform capitalism”. As these are disruptive technologies, there is an absence of legal regulation both in Argentina and in many other countries and, in this regard, it is that jurisprudence begins to cover the legal gaps by applying traditional regulations, which has generated a strong rejection. In this context, this article raised, as a question whether the current legal framework in Argentina is sufficient, adequate and pertinent to regulate the complex network of legal relationships derived, in particular, from its use in the intermediation of the transport service, also called “VTC” platforms or, if necessary, the issuance of special labor regulations. Specifically, if the legal relationship is actually between peers or there is a relationship of labor dependency between the VTC platform and the driver “partner” that provides the transport service. Such a proposal is not trivial since the rights of the worker are involved as second-generation human rights, also called economic, social and cultural rights. In response to such questioning, the work aims, on the one hand, to describe and differentiate collaborative digital platforms from those framed within platform capitalism, to continue exemplifying with jurisprudential cases of the labor law and recently resolved in Argentina about the origin or not of the application of labor legislation to said legal relationships. In compliance with this objective, the methodology was based, first on the description of the conceptual framework studying collaborative digital platforms and platform capitalism, specifically in the transport sector-VTC platforms-. And secondly, the European regulations and jurisprudence regarding the subject will be developed previously and as an introductory legal framework as a precedent to the analysis of jurisprudential cases in Argentina in order to identify the legal nature of the relationship and its consequent legal regulations. competent.

This paper analyses the decision on the merits of the complaint nº. 173/2018 International Commission of Jurists and European Council of Refugees and Exiles against Greece, placing special emphasis on the treatment given by the European Committee of Social Rights to the right to housing, as a guarantor of other basic social rights.

The construction of a renewed Social Europe has taken another step forward with the proposal for a directive of the European Parliament and of the Council on improving working conditions in platform work. The main provision of this proposal is the introduction of a “presumption” of the employment status of workers in digital platforms, based on the concurrence of certain indications of control by the platforms. In addition to this provision, individual and collective rights of algorithmic management are also recognised for platform workers, such as the right of supervision or the right of human review of automated decisions. In the course of this article, the provisions of this proposal for a directive will be analysed in detail. Its possible problems of effectiveness or operability will be highlighted, as well as its impact on the transposition into Spanish Labour Law, with a view to its modification in the legislative procedure. This study will explain the true legal nature of the “presumption” of employment and its implications for the burden of proof, as well as the improvements that the proposal’s algorithmic management rights may introduce with respect to the GDPR and the “Rider Act”.

The measures adopted so far, on EU Members-States level, aiming at containing Covid-19 have, very often, demonstrated an extremely fragmented, un-coordinated and controversial policy-making process. On July 1st, 2021, the EU Digital Covid Certificate entered into application throughout the EU seeking to provide for a common, harmonized, common legal framework in order to protect public health, re-open the borders, re-activate European economy, and facilitate the free movement of individuals during pandemic through establishing secure, verifiable, and interoperable measures across the EU territory. Issues of non-discrimination and equality, freedom of movement, working conditions, data protection, asylum and migration, human dignity, the rule of law, and the overall respect for human rights have been raised.  Regarding the issue of non-discrimination, the Regulation aspires to create a legal framework through which the right to free movement of persons would be facilitated, and the requirements for the gradual lifting of constraints to free movement, imposed by Member States, would be laid down in a coordinated manner. Considering the personal data protection issues, no derogation from the so far established EU legal framework on personal data protection is foreseen, and all the robust safeguards set by the General Data Protection Regulation (GDPR) on personal data protection are expected to be incorporated in any measure taken by Member States.

Spanish legislation has legal institutions, instruments and techniques for the protection of the situation of pregnancy and the rights to reconcile family and work life that place it among the most advanced States in our environment. The successive legislative reforms that began with Law 39/1999 and have concluded with Royal Decree-Law 6/2019, have reinforced the protection of these rights, adding a second objective and automatic protection to the traditional discriminatory protection that has improved the provisions of the Community Directives. However, the border between both types of guardianship, its legal configuration and scope, as well as the correct identification of protected situations, is not entirely clear. On the other rand, in the case of a pregnant woman, who has given birth or is breastfeeding, tour legal system may not have correctly transposed art. 10.1 of Directive 92/85. The examination of the sentences handed down in the different judicial instances, will allow us to know the problems that the application of the second paragraph of the arts. 55.5 and 53.4 ET and identify the challenges that remain pending in this matter.