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ISSN: 2310-2799

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546,196 artículos

Año: 2023
ISSN: 2174-6419
Tomás Mallén, Beatriz
Servicio de Publicación Digital. Biblioteca/CRAI. Universidad Pablo de Olavide
This paper addresses the projection of the European Pillar of Social Rights (EPSR) in Spanish legislation, taking into account the principle of subsidiarity, the effectiveness of social rights through legislative measures and the concerns expressed by the European Union opting for better regulation. Firstly, the focus is placed on the visibility and legal value of the EPSR in view of its implementation at the national level. Secondly, the problematic aspects of references to the EPSR in Spanish state legislation are analysed. Next, emphasis is placed on similar problems under the legislation of the Autonomous Communities. Finally, some considerations are made on the usefulness and effectiveness of the EPSR in the Spanish legislative framework, taking into consideration the fundamental standards on social rights from the point of view of multilevel protection (among others, the Spanish Constitution and the European Social Charter).
Año: 2023
ISSN: 2174-6419
Rey Varela, José Manuel
Servicio de Publicación Digital. Biblioteca/CRAI. Universidad Pablo de Olavide
Just as Law presents a dynamic vision to respond to the social contract between the State and citizens and to social, economic and cultural changes where we identify three generations of rights; We propose for Constitutional and Administrative Law, especially in the field of social rights, as they require positive action by the State for their realization, a paradigm shift through three perspectives that go beyond their traditional legal and normative perspective, which without renounce it, incorporate the perspective of public policies and good administration as well as the economic perspective, so that under this three-dimensional vision it continues to objectively serve the general interests in a reality that is increasingly changing, complex, globalized and demanding with the person and their dignity as the centre of their actions.
Año: 2023
ISSN: 2174-6419
Valle Muñoz , Francisco Andrés
Servicio de Publicación Digital. Biblioteca/CRAI. Universidad Pablo de Olavide
In this study, we analyse the value of instant messaging applications as a means of evidence in the labour process. For this, we study three mains issues:  the first one is the legality of this proof, when the information contained in them violates fundamental rights of the worker. The second issue is the autonomous legal nature or not of this means of proof and its qualification as a documentary or electronic evidence. The third issue is the effectiveness of instant messaging and the use of other alternative means of proof to verify its authenticity and integrity when the person who harms it challenges this proof in the act of trial.
Año: 2023
ISSN: 2174-6419
Vila Tierno, Francisco
Servicio de Publicación Digital. Biblioteca/CRAI. Universidad Pablo de Olavide
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Año: 2023
ISSN: 2174-6419
Monereo Pérez, José Luis
Servicio de Publicación Digital. Biblioteca/CRAI. Universidad Pablo de Olavide
For Simone Weil, work under capitalist conditions of production organization (with the instrumental use of productive forces: machinery and technology, included) is carried out through mechanisms of institutionalized oppression, being the work relation a typical relation of social power/domination. In this way, the productive forces (the means) end up substituting the ends; at the same time workers are considered as simple "productive factors" (instrumental rationality). In these conditions of subordination or submission to the power of the employer, the real situation of the workers is that of loss of freedom and of any possibility of creativity at work. All this leads Simone Weil to defend "a non-servile work". In industrial society the form of wage labor (proletarian condition) is the generator of workers' uprooting. Thus, the generalized establishment of a "non-servile work" - not based on submission and the loss of the "spiritual" sense of work - must suppose the suppression of the dehumanized proletarian condition, replacing it with the condition of labor citizenship respectful of the dignity of the person who works. This is the sense of a proposal for a "Statute of Labor" with radical reformist contents. For this, the labor movement must organize itself in order to create new bases for the organization of the company and the systematic improvement of working conditions. He thinks that progress cannot be made exclusively in a single country to achieve social progress, workers' internationalism must be strengthened in a more effective and coordinated manner, and through concerted strategies.
Año: 2023
ISSN: 2174-6419
Barañano Cid, Margarita; Baylos Grau, Antonio
Servicio de Publicación Digital. Biblioteca/CRAI. Universidad Pablo de Olavide
The article describes the evolutionary development of the notion of Corporate Social Responsibility (CSR) of large transnational corporations in the first two decades of this century. From a unilateral and closed conception within the company itself to the implementation of contractual relationships that generate obligations between the company and global unions, to finally have a strong impact on the idea of a due diligence imposed by a state, supranational or international legal norm, in which vigilance for the respect of human rights throughout the company's value chain is a determining factor.  These different facets of the notion complement each other and result in a complex and multi-faceted concept of CSR, where the institutional framework that regulates it strongly conditions its contents and forms of expression. the comparative analysis of three Latin American countries (Ecuador, Chile and Argentina) confirms these working hypotheses by offering three different models of CSR development.
Año: 2023
ISSN: 2174-6419
Cebrián Beltrán, Selena
Servicio de Publicación Digital. Biblioteca/CRAI. Universidad Pablo de Olavide
Sharenting or eagerness of parents to share images of their children is overexposing minors to social networks and turning them into "collateral influencers". This conduct may constitute an unlawful interference against the fundamental right to privacy, honor and the child's own image, as well as affect the fundamental right to data protection. This article will analyze from a normative and jurisprudential point of view: (i) in which cases we are faced with a violation of these fundamental rights and in which cases such intrusion is not contemplated; (ii) the value of the minor's consent and the age and maturity to give it according to international and national regulations; (iii) the ways in which the fundamental rights of the minor can be protected and the role of the Public Prosecutor's Office.
Año: 2023
ISSN: 2174-6419
Casla, Koldo
Servicio de Publicación Digital. Biblioteca/CRAI. Universidad Pablo de Olavide
This paper introduces the added value of a broad approach to human rights to balance the relationship between tenant’s right to adequate housing and landlord’s right to property. Firstly, it presents briefly how international human rights law treaties and monitoring bodies have dealt with, and chosen not to deal with, the right to property. Secondly, it introduces the right to adequate housing as proclaimed as a social right in international human rights law. Third, it argues that the human rights community, particularly those working on economic, social and cultural rights – such as housing – should engage with the right to property directly. Finally, the paper articulates the beginnings of a proposal to reinterpret property and its social function from a holistic approach to human rights, one that takes adequate housing and other socio-economic rights seriously when holding public authorities to account.
Año: 2023
ISSN: 2174-6419
Flores Palacio, Antonio
Servicio de Publicación Digital. Biblioteca/CRAI. Universidad Pablo de Olavide
The reform operated in 2007 in the area of responsibility in the payment of permanent disability, death and survival pensions, derived from occupational disease, generated growing litigation between the managing entity and the mutual social security collaborators; situation that to a large extent continues today. This work analyzes the normative, administrative and jurisprudential criteria that have been adopted over the years, until reaching the current doctrine of the Supreme Court, which has given prevalence to the distribution proportional to the time of coverage of the periods of exposure to risk or causative agent of occupational disease
Año: 2023
ISSN: 1988-8295, 0214-0314
Carrasco Tenorio, Lidia
Ediciones Complutense
The aim of this research is to document the experience of social work intervention experienced by women heading single-mother families in Zaragoza. We used qualitative research to analyse semi-structured interviews with 13 women forced to seek help from social services due to unemployment and/or earning less than the national minimum wage. These interviews were carried out within the framework of a broader investigation regarding mothers heading single-mother families with diverse origins, entry routes into single-motherhood and financial circumstances. The findings from the interviews revealed experiences and perceptions ranging from highly positive to highly negative, indicating striking levels of heterogeneity in professional social work interventions. As well as giving these women a voice to express their opinion on their experiences of social intervention, this research analyses those experiences from the perspective of feminist social work. The research confirms a clear risk of infantilizing and pathologizing applicants, in addition to a panorama in which social work professionals appear to succumb to bureaucratization, limited resources and ethical dilemmas, significantly undermining their professional practice. At the other extreme certain professional practices and highly positive experiences of support and empowerment reflected the fact that financial aid and benefits are a right. In the context of such a diverse reality, it is proposed to incorporate into social work practice methodologies with a gender and/or feminist perspective that provide mothers with satisfactory responses to requested interventions. There is also a need for training plans that underline a positive feminist vision of single-mother families as an example of responsibility and resilience in family care and support, as well as placing value on the opportunities for transformation that these families represent for women and society.

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