Crítica, Revista Hispanoamericana de Filosofía, Volume 48, number 144, diciembre 2016
¿Pueden los derechos naturales hacer alguna contribución a la filosofía de los derechos humanos?
[Can Natural Rights Make Any Contribution to the Philosophy of Human Rights?]
Universidad de Buenos Aires
Abstract: For decades, philosophers tended to think about human rights as natural
rights that we enjoy just in virtue of our common humanity. However, in recent years, this view has been persistently challenged by a group of authors defending an alternative “practice-dependent” approach. According to them, contemporary human rights constitute a sui generis practice which is completely foreign to the natural rights tradition. Contrary to this claim, this article argues that natural rights discourse is an integral part of current human rights doctrine and that it may help us understand and justify the functions, content and normative reach of human rights norms. More concretely, my thesis is that although human rights are not reducible to natural rights, they may nevertheless derive from natural rights which are prior to them.
Abstract in Spanish
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Keywords: dignity, universality, justification, practical conceptions of human rights, naturalistic conceptions of human rights