Autore
Olivier, André

Titolo
The language of human rights: from moral foundational problems to the institutionality of the International Law of Human Rights
Periodico
L'altro diritto
Anno: 2024 - Volume: 8 - Pagina iniziale: 7 - Pagina finale: 22

This paper analyzes the language of human rights based on two argumentative proposals for justification, namely, the moral approach and the institutional approach to human rights. First, the traditional view of human rights is analyzed by showing that these rights can be justified through a moral foundation focused on the rational autonomy of the holder of rights who would possess rights insofar as he is free to choose, decide and rationally manage his moral action. Then, the institutional view of human rights is presented by highlighting that, after the Universal Declaration of Human Rights of 1948, human rights were incorporated into international protocols that coordinate the guidelines that direct countries in the international community. In the end, a hybrid reading of the language of human rights is proposed, showing that these rights make sense both in the moral perspective and in the institutionality established by the International Law of Human Rights



SICI: 1827-0565(2024)8<7:TLOHRF>2.0.ZU;2-U
Testo completo: https://www.pacinieditore.it/wp-content/uploads/2025/02/1.pdf

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