What is the role of solidarity in current legal systems? What are the challenges of Law in modern societies? Solidarity, as a legal principle, has been studied as a value of the Social Rule of Law model, however, we can expand its role as an essential principle of Law. The foregoing allows us to respond to the challenges presented by the Law before the reality of 21st-century societies, those that present high degrees of inequality, new ways of building social relations, and a marked tendency towards individualism. Because of this, it is important to analyze and reconsider the basic concepts and fundamental pillars of Law, so that it can face the challenges posed in an appropriate manner.
Law, as an instrument of regulation of social life, must consider current social phenomena in order to generate responses consistent with the model of democratic society that governs us. However, in Latin America in general, and in Chile in particular, there are profound social and economic inequalities due to poverty and the great asymmetry in the distribution of income, which has resulted in high rates of social exclusion, disintegration, and fragmentation of these societies. Likewise, we observe a strong process of cultural and social diversification, which entails important challenges for these political systems. Thus, life in society implies a duty of solidarity that is expressed in the need to attend these social inequalities? Is the concept of social inclusion an effective tool to response these inequalities?
Why do some countries in Latin America have strong protections of collective rights of indigenous people and others do not? What is the role of indigenous mobilization to enhance the protection of collective rights? According to several authors in the field of Law and Social Sciences, the primary factor that has created the successful inclusion and implementation of collective rights in several legal instruments is indigenous mobilization. However, this relationship is not straightforward if it observes what happens in diverse countries of the region. I argue that indigenous mobilization is a factor to consider in some cases, but it is not necessary and sufficient to protect collective rights. To have an impact in the level of inclusion of collective rights the mobilizations need to be a robust national political actor to influence the system or if it is not strong enough, it needs to have the support from other anti-systems movements or political parties to make changes.