The era of duties: the need for a complete statute of the human person for the social effectiveness of rights
The effectiveness of fundamental rights is currently undergoing on a crisis: the efforts to recognize such rights have not been accompanied by their real and effective implementation. The result is that, despite the lots of rights recognized for the members of a society that even succeeds in claimin...
| Autores: | , , , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2020 |
| País: | México |
| Institución: | UNIVERSIDAD NACIONAL AUTÓNOMA DE MÉXICO |
| Repositorio: | Cuestiones Constitucionales. Revista Mexicana de Derecho Constitucional |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.pkp.sfu.ca:article/15179 |
| Acceso en línea: | https://revistas.juridicas.unam.mx/index.php/cuestiones-constitucionales/article/view/15179 |
| Access Level: | acceso abierto |
| Palabra clave: | international law constitutional right fundamental rights fundamental duties efficiency implementation direito internacional direito constitucional direitos fundamentais deveres fundamentais eficácia concretização |
| Sumario: | The effectiveness of fundamental rights is currently undergoing on a crisis: the efforts to recognize such rights have not been accompanied by their real and effective implementation. The result is that, despite the lots of rights recognized for the members of a society that even succeeds in claiming them, but not in enjoying them adequately. The proposal of this work is, based on the use of the dialogical method, to demonstrate how the fulfilment of fundamental duties can contribute to an ever greater concretization of rights. In order to demonstrate this thesis, the defense of the need for a statute of the human person, based not only on his/her rights but also and especially on his/her duties, is developed firstly; secondly, the proposal for a statute proposes how to operationalize the relationship between the fulfilment of duties and the realization of rights in a cyclical way. The conclusion reached with such proposal is that the redemption of the category of duties can contribute to the strengthening of rights for all, surpassing the strictly individual view. |
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