good governance, rule of law and social rights

In periods of economic crisis, social rights have proved to be fragile and neglected by States. It is exactly in these periods, however, that these rights show their intrinsic fundamentality. Constitutional States, in order to achieve good governance, in compliance with the rule of law, must guarantee social rights even in times of crisis; only justifiable setbacks can be accepted.
This understanding represents an important development in public international law; good governance is no longer regarded as a neoliberal construction, but as a necessary instrument for States to cope with its constitution and international duties in guaranteeing all human rights, including social rights. Fundamental rights, understood as a whole, demand enforcement of all kinds of rights, realizing the rule of law, as a structuring pillar in good governance, which must go beyond the “publicly promulgated, equally enforced and independently adjudicated”.