Derechos Humanos. Justificación y garantías

Abstract

Based on the idea, that sublies the contractualists theories birth of the State, that the social structures are the result of a human convention, that is to say an artifi cial product, whose purpose ultimately is the protection of individuals who have built them, the author argues that if the justifi cation of human rights makes sense to work out, is only a relative justifi cation, devoid of any element of ontological character. Justifi cation relative that, in addition, fi ts in with the general trends that characterize the constitutions from the second half of the 20th century, which, in a rigid and legally guaranteed constitutional framework, fundamental rights, made positive law in the constitutions and proclaimed in many international declarations, work as limits and links for political action. Limits and links that do not cease to exist, well as the fundamental rights from them rising when to the rights does not follow a system of guarantees, precisely because, unlike some authors support, between rights and guarantees not there is a logical relationship, but rather a normative relationship.