Year: 2024
Type: article
Abstract: Being neither eternal nor immutable, human rights were, are and will be the consequence of a series of contradictions, tensions and dynamic interference that have enabled them to evolve.They are the motor of history, our past, our present and the future of all humanity.They are inescapably the product of the confluence of the trilogy of philosophy, history and religion, which was the source of their opposability and their progressive domination of the social and political scene.The philosophy of the Enlightenment provided the link between the prevailing theories and the actual legal materialization of rights during the French Revolution, while at the same time seeking legitimacy as the source of their opposability.This philosophy foresaw the primacy of the individual over any political institution, and conceived of "society as an association of independent individuals wishing to consolidate the fundamental achievement of the Revolution, which is individual liberty"; no one can enjoy this liberty unless it is secure and its holder dignified.It is therefore essential to seek the essence of the opposability of human rights to the entire international community and to every human being.This concern leads us to question the foundations of these inalienable rights, and to what extent they constitute the essence of their enforceability.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4410152583