The Foundations of Human Rights: Legal Systems and Philosophical Origins

Understanding Human Rights: Dimensions and Legal Frameworks

Defining Fundamental Human Rights

Human rights are those freedoms or powers inherent to any person simply because of their human condition, guaranteeing an inalienable dignity and life. Human rights can be analyzed from the following dimensions:

1. The Social Struggles: This dimension includes the fight of citizens to win political rights (e.g., during the Franco dictatorship), the struggles of indigenous peoples against multinational logging companies, or the fight for racial equality (e.g., in America and South Africa). Conversely, massacres caused by groups like the Nazis against Slavs, Jews, and homosexuals are tragic examples of human rights violations.
2. Philosophical Theories and Doctrines: This involves the work of thinkers who attempt to answer fundamental questions about the existence and origin of human rights.
3. The Legal Framework: This is the set of rules and the work of national and international institutions that have progressively contributed to the recognition and consolidation of human rights content.
4. Legal and Social Effectiveness: This refers to the practical application of these standards, which must be approved and adhered to by members of society. If not effective, it leads to impunity and a lack of moral commitment among citizens.
5. Popular Culture of Human Rights: This occurs when human rights are socially and morally assumed by the majority, stemming from respect for dignity, freedom, equality, and solidarity.

National Mechanisms for Protecting Rights

The protection and enforcement of human rights within a nation rely on the separation and function of key governmental powers:

The Legislative Power

• Function: Drafts and approves laws.
• Structure: Parliament, elected by citizen vote. In our country, it is formed by the Congress of Deputies and the Senate.
• Supreme Law: The Constitution.

The Executive Power

• Function: Effectively runs the protection of rights.
• Structure: Government of the nation. The President is elected into Parliament (in our country, in Congress) among the deputies.
• Services: To ensure rights protection in Spanish settlements, services such as health, education, and police are provided.

The Judicial Power

• Function: Administers justice and protects citizens whose dignity or rights are violated.
• Structure: Made up of courts of law, independent of the other two powers. Courts of justice are located throughout cities and towns.
• Highest Courts:
  • Supreme Court: The court of last resort.
  • Constitutional Court: Handles legal and political issues related to the Constitution.
  • Audiencia Nacional: Handles specific complex crimes, such as terrorism.

Philosophical Debates: Natural Law vs. Legal Positivism

Iusnaturalism (Natural Law)

Iusnaturalism holds that human rights are universal and innate. Simply by being human, these rights are owned, and the state must recognize them, ensure they are met, and not interfere with their compliance.

Iuspositivism (Legal Positivism)

Iuspositivism argues that rights are not natural. Instead, thinkers believe that men's rights depend on the imposed authority and the rules that exist because they are effective. Rights follow a legal procedure established by the state to make them required and enforceable.

A Fundamental Right

A right that I value highly is: Everyone has the right to liberty and security.