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

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Presentation of volume 12, number 1, 2022.

On October 27, 2022, the decision on the admissibility and on the immediate measures of the European Committee of Social Rights, the body that monitors the compliance with the European Social Charter by the States, has been published. This pronouncement, originates from collective complaint nº 206/2022, which was registered by five organisations against Spain. It relates the power outages that have occurred since October 2020 in sectors 5 and 6 of the Cañada Real Galiana shantytown. This body, in view of the seriousness of the allegations, has admitted the complaint, has decided to give priority, and has requested some immediate measures. In these, he urges our country to put an end to the deplorable situation with specific actions to be carried out by December 15, 2022 at the latest. For the first time, this figure is introduced in the legal scenario. This commentary is dedicated to its general and specific analysis. This is the first test to the Government about the reality of the commitment made a year ago with the ratification of the Social Constitution of Europe and the acceptance of the collective complaints procedure.

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Royal Decree‑law 5/2022 has introduced various amendments to Royal Decree 1435/1985, which regulates the employment relationship with artists. These changes affect mainly the scope of application (by including technical and auxiliary staff and rewording the qualifying elements of the relationship) and the improvement of the working conditions of the people who work in this sector, affecting the contracting regime (introducing measures to reinforce employment stability) and compensation for termination of the contract. Finally, the legal reformation adapts the Social Security regulations for this group to the changes introduced. This paper reports on these legal changes, while highlighting some critical considerations about them.

This paper analyses the opinion of the United Nations Human Rights Committee in the Nell Toussaint affair, on denial of the right to medical assistance of a migrant in an irregular administrative situation.

The entry of the euro as a currency meant, for Spain, a loss of purchasing power for workers with lower salaries and average salaries have not reached the pre-2008 crisis levels. As we have found ourselves in the COVID-19 global pandemic, with significant socio-economic impact, our government has finally taken up art. 4 of the European Social Charter, which establishes the right of working people to a fair remuneration that allows them and their families to obtain a decent standard of living. This international treaty is the most effective tool for the establishment of a national minimum wage appropriate to each country. This point seems to have been forgotten by our political leaders in previous years, despite the insistence of the European Committee on Social Rights, which established that Spain had failed to comply with the Charter. This paper analyzes the concept of the national minimum wage from the Spanish legal perspective, its evolution and its future in order to verify the degree of compliance with the European Social Charter and the achievement of a decent standard of living for working people.