Abstract

With the adoption of the Universal Declaration of Human Rights, a new era began in the recognition and guarantee of human rights in the international area. However, since the moment of its approval, this text has received negative evaluations designed to relegate it to the background. The responses to these criticisms allow us to review their political and legal scope, and put it in value as a reference model in the field of human rights, delving into the pending issues to strengthen it. This is intended, on the seventieth anniversary of the Declaration, to insist that this remains an essential bridge to clarify standards that can serve as a basis for discussion between different cultures and ideologies and, therefore, an instrument that each generation must "reappropriate"

Highlights

  • With the adoption of the Universal Declaration of Human Rights, a new era began in the recognition and guarantee of human rights in the international area

  • A careful, up-to-date and dynamic reading of the Universal Declaration of Human Rights (UDHR) does not prevent, in my opinion, overcoming that Western perspective, if we focus on the basic aspects of the Declaration

  • Habermas' reference to the notion of human dignity is fully evidenced in the Declaration, affirming that human dignity allows the equal universal content of morality to be imported into the right, is, the conceptual hinge that relates the moral of equal respect to each subject and the positive democratic right

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Summary

A NEW ERA OF RIGHTS

The Universal Declaration of Human Rights (UDHR) was adopted in New York on December 10th, 1948 by means of Resolution 217 (III) of the General Assembly of the United Nations. The great transformation that the Declaration has experienced since its approval and the possibility of carrying out a broad and up-to-date reading of the context in which it must be applied, makes it possible to affirm, as a good part of the doctrine holds, that it constitutes a powerful instrument and that it creates legal obligations for the Member States of the United Nations The responses to these criticisms allow us to review the political and legal scope of the Declaration departing from its nature and binding character, and to value it especially as a reference model in the field of human rights, delving into the pending issues to strengthen it. The Declaration continues to be an essential bridge, because as an international instrument, it is a living and dynamic text that does not end in a single interpretation, it is linked to the context in which it is analyzed and it must be "reappropriated" in each generation

THE DIFFICULT POLITICAL CONSENSUS
A POSSIBLE MODEL OF MORAL REFERENCE IN THE MATTER OF HUMAN
PENDING ISSUES FOR THE STRENGHTENING OF THE DECLARATION
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