Abstract

LATORRE RODRIGUEZ, Pablo  and  SOTELO SANCHEZ, Moisés. The approval of the minimum vital income in Spain: a model for its eventual implementation in Mexico. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.160, pp.237-276.  Epub Mar 07, 2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.160.15975.

The approval of the minimum vital income in Spain through Royal Decree-Law 20/2020, highlights the increasing presence of this imprecise right, which would come to constitute the culmination of second generation rights accentuated in its social aspect. In recent years, the right to a vital minimum is going from being a claim demanded by certain social groups, or an entelechy debated in doctrinal circles, to becoming a legal reality in several countries. Already in 2017, the EU encouraged its adoption by the Member States as an instrument to fight poverty, but it was not until the social crisis caused by the COVID-19 pandemic that Spain proceeded to do so. In this work, we will analyze the right in question and its nature, and then carefully study the way in which that country has regulated it, and finish by analyzing its presence in our legal system and its potential application in Mexico.

Keywords : vital mínimum income; vital mínimum right; human rights; economical, social, and cultural rights; Spain.