The urgent matter of inquiring for the fundamentation of Human Rights

This article pretends to demonstrate the thesis, by which, the acquisition of a protection and effective guaranty of the human rights, demands inquiries for the fundaments of them. For that, its author makes emphasis in that the path to inquire on that particular, it can only be decanted with solidi...

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Autor Principal: Guarin Ramirez, Edgar
Formato: info:eu-repo/semantics/article
Idioma: spa
Publicado: University Santo Tomás, Bogotá 2016
Materias:
Acceso en línea: http://revistas.usta.edu.co/index.php/viei/article/view/2920
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Sumario: This article pretends to demonstrate the thesis, by which, the acquisition of a protection and effective guaranty of the human rights, demands inquiries for the fundaments of them. For that, its author makes emphasis in that the path to inquire on that particular, it can only be decanted with solidity and confidence, using the philosophy that, by its own nature, does fundaments. Once established this epistemological status, the reflection orientates towards the concept of what’s human and what´s juridical, from the theoretical frame provided by the philosophical system of realism. Having cleared what law is and what it means to be human, we go on to define the term human rights, and we examine its fundament, establishing that it is found in the same reality of the human person that, in its radicality, according to the theoretical perspective chosen, it isn’t relative. Thus, it’s concluded that the effective protection and guaranty of the human rights, it can only be accomplished if it is taken into account that in man there’s a nature that expresses in some inclinations, that no convention or habit, can circumvent.