Las cláusulas sociales en la contratación pública: ¿escudo contra los recortes de derechos sociales?

Abstract

The economic crisis has had a strong effect on social protection across Europe with a pushy neoliberal agenda in order to reshape and downsize social rights. Although many changes might be irreversible for decades there are some new ways to protect equality and social rights through public policies. Public procurement amounts for around 18 % of the GDP and the latest public procurement legislation reforms open timid paths to pursue policy objectives like equal treatment, labour protection and promoting sustainable green growth. This article analizes the evolution in the use of gender and social criteria in public procurement and the enablers or barriers for their proper implementation. Difficulties may arise because of the predominant economic focus of public procurement as well as for corporate and institutional reluctance. Some examples are shown on how an intelligent use of equal treatment, gender and social criteria might be an asset to protect social rights.