The protection of social rights from the perspective of development and of non-discriminatory and egalitarian public policies

Abstract

This article proposes a reflection on social rights and the State as a service agent and protector of fundamental rights. In societies marked by multiculturalism and migration, differences need to be respected and recognized, and the social rights of this population as well. From this context, adaptations in public policies are required to meet the specificities of migrants, so that they can establish dialogue, respect, and recognition, as well as the inclusion of these new actors in the host society, removing, for consequence, inequality and discrimination. We structured the article into three sections. The first section seeks to address social rights as a positive provision of the State and based on human dignity, to explain, in the second section, the relevance of the realization of these rights from the perspective of development and freedom according to Amartya Sen and the expansion of Martha Nussbaum's capabilities. Based on these premises, the final part of the text demonstrates the importance of instituting public policies aimed at realizing the social rights of individuals, especially the migrant population, who, due to the circumstances of the migratory process, are hostages to social vulnerability. Developed in an egalitarian and non-discriminatory manner, these rights are capable of compensating for social inequalities, as well as acting as drivers of freedoms, capacities, and protagonism in the social fabric. The method used for the analysis is the bibliographic theoretical, which elucidates the theme relevance in the current context of intense human mobility.