La justificación del Derecho de Resistencia en el Estado Constitucional Democrático de Derecho: algunas reflexiones iusfilosóficas

This paper aims to demonstrate how in the constitutional rule of law the right of resistance plays a key role in its development, its adaptation to the changing reality of society and the satisfaction of the interests of all the people involved in this common project. Firstly, we will analyze how individuals or social groups must act when they suffer injustices due to state acts or laws that violate their most basic rights. In some cases, we believe that they have the right to exercise any form of weak resistance that they deem appropriate to present at the public scene a cause that must be socially and politically recognized. Secondly, we will see what happens when the rule of law itself is in danger. In that case, we believe that society will have not only the right but the duty to exercise the resistance in its most extreme form to defend the existing constitutional order of any illegitimate authority that seeks to impose itself on it and the sovereignty of the people.

From labelling to social aid for immigrants in the 21st Century

Migration is as old as humanity, but since the 1990s migration flows in Western Europe have led to societies that are not just multicultural but so-called «super-diverse». As a result, Western towns now have very complex social structures, with amongst others large amounts of small immigrant communities that are in constant change. In this paper we argue that for social workers to be able to offer adequate professional help to non-native residents in town, they will need balanced view of ‘culture’ and of the role culture plays in social aid. Culture is never static, but is continually changing. By teaching social workers about how to look at cultural backgrounds of immigrant groups and about the limitations of then role that culture plays in communication, they will be better equipped to provide adequate aid and will contribute to making various groups grow towards each other and to avoid people thinking in terms of ‘out-group-homogeneity’. Nowadays, inclusion is a priority in social work that almost every social worker supports. Social workers should have an open attitude to allow them to approach every individual as a unique person. They will see the other person as the person they are, and not as a part of a specific cultural group. Knowledge about the others makes them see the cultural heterogeneity in every group. The social sector, though, must be aware not to fall into the trap of the ‘inclusion mania’! This will cause the social deprivation of a particular group to be forgotten. An inclusive policy requires an inclusive society. Otherwise, this could result in even more deprivation of other groups, already discriminated against. Emancipation of deprived people demands a certain target-group policymaking. Categorized aid will raise efficiency of working with immigrants and of acknowledging the cultural identity of the non-natives group. It will also create the possibility to work on fighting social deprivation, in which most immigrants can be found.