Protection of social rights and ‘interests’ of the future generations

Abstract

In recent years, the debate on the protection of social rights has taken on renewed centrality in national, European and international legal debate. Global challenges of great scope and impact, such as climate change, rapid technological evolution, significant demographic transitions, and growing inequalities, have catalyzed a deeper analysis of the role and scope of social rights. This article not only sets out to describe the implications of this redefinition, proposing a critical examination of the current regime of protection of social rights in Italy and assessing the prospects for their strengthening in the European and international context, but also aims to underscore the importance of a multilevel approach that can valorize intergenerational interests. Specifically, after defining some terminological issues and critically retracing the main obstacles that have prevented the emergence over the last two decades of a 'right of the new generations' in the strict sense, the study analyzes the issue of intergenerational responsibility considering the recent amendments to Article 9 of the Italian Constitution.