Constitutional Repercussions Derived from the Current World Crises: New Prospects

Abstract

And the future of democracy and the search for the consolidation of the right State, implies debating the effectiveness of human rights in times of crisis, wars and pandemics, which represents the greatest challenge that we currently face as a global society, above all. little development of public policies and the lack of a general direction aimed at alleviating the suffering of people, as a consequence of the economic imbalance, the unjust distribution of wealth, and the inequalities generated by globalization and the errors that converged the advent and installation of the neoliberal economic model; this is despite the fact that, to a large extent, human rights have become fundamental rights, due to their constitutionalization and full recognition in the majority of Western constitutions. Therefore, during a crisis, and especially from a derivative of SARS-CoV2, called COVID-19, considered by the World Health Organization - WHO, as a pandemic, it is important to address the repercussions that have had on the effects of Globalization in their constitutions and in their institutions, especially in the catalog of human rights, as some human rights have passed to form part of positive rights, they do not imply, as Ferrajoli denounces: “la misma democracy”, but en cambio, if it necessarily implies el derecho. This decision mentioned by Ferrajoli has had a deep analysis in recent times, and has brought about structural reforms to modern constitutional ones, mainly to the fundamental rights and their laws and guarantee procedures, which has implied a new constitutional order, more the demands of a global world, and above all, the recommendations of the United Nations Organization.