Globalisation & Law Network seminar with Eduardo Arenas Catalán

On 26 November 2024, the Globalisation & Law Network hosted a seminar featuring Dr Eduardo Arenas Catalán, Assistant Professor at the Open University in the Department of Criminal, International, and European Law. During the seminar, Eduardo conceptualised solidarity in the context of social rights, building on hispaper ‘Chile’s New Constitution: What Right to Health?(published in the Hague Journal on the Rule of Law in 2021). The discussion was led by Leticia Díez Sánchez.

First, Eduardo introduced the Draft Declaration on International Solidarity emphasising several legal problems which would arise if this declaration was adopted. Given its political nature, it is uncertain how such legal framework could be implemented, especially in light ofthe opposition to solidarity shown by many influential politicians nowadays. Eduardo then elaborated on the theory of the Chilian lawyer Fernando Atria, who distinguished between minimum rights and de-commodified rights. While minimum rights protect people from poverty or abject indignity, de-commodified rights try to contest unequal power created by wealth inequalities. Finally, the right to health under Article 12 of the International Covenant on Economic, Social and Cultiral Rights (ICESCR) and the challenges of its interpretation and practical application came into spotlight. To conclude his insightful presentation, Eduardo identified three main solidaristic challenges for social rights, namely curving the commercialisation of healthcare, requiring free-of-charge provision of healthcare services, and supporting systems oriented to the delivery of universal healthcare.

You are warmly invited to register for the upcoming research seminars organised by the Globalisation & Law Network to stay updated on the current challenges of law and governance. We are looking forward to see you there!

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