THE PARALLAX OF HUMAN RIGHTS, ITS GROUNDWORK IN THREE JUS-PHILOSOPHICAL PERSPECTIVES: A. SEN, J. HABERMAS, AND R. ALEXY

Abstract

Human rights constitute a form of defense of human life, in its individual and collective configuration, with dignity. This normative political ideal acquired theoretical density throughout history when it was conceived as the desire for freedom and equality in law and in fact for individuals and communities that fought to guarantee their representation in political society. Human rights are the expression that each individual and the social group must be respected in the potential development of their capacities. The perspective of the universality of human rights provides the analysis of its foundation under multiple theoretical orientations and movements in defense of its normative meaning. In Amartya Sen's theory of capability approach, human rights are questioned by their competence in guaranteeing the material and structural conditions for a life of dignity. Jürgen Habermas' discourse theory clarifies the intrinsic relationship between human rights and democracy in their connection with private and public autonomy. Robert Alexy's discursive constitutionalism amplifies the ideal of human rights by deepening the reflection on its characteristics and its politicization in the configuration of fundamental rights. Finally, human rights are the normative reference for the foundation of a democratic and fair society, and we must observe its semantic structure from the multiple theoretical perspectives in dialogue.