Universal Human Rights, national States and political theory: some practical and conceptual issues

Abstract

This article aims to discuss some theoretical problems regarding to human rights. It begins with a theoretician and conceptual discussion about modern State, empire of law, politics and law, sovereignty etc. and their relation with the idea of human rights, which have been more than ever supported and guaranteed by the Rule of law and its institutional arrangements. It has been necessary to briefly discuss the notion of citizenship to understand how human rights have arrived to such ordinance, for citizenship would discharge, in XXth century, in the concept of human rights, whose redefinition would culminate in the Declaration of Vienna in 1993. After that, human rights had been studied through innumerable paradigms from different authors, whose statements and general lines are reconstituted and agglutinated in four typical-ideal models of interpretation. Finally, some statements regarding this subject had been made, from recent facts and events that have rearranged the worldwide politics in the beginning of the century, trying to confront the theories with the reality that is presented to us.

Key words: human rights, theory of the State, international relations, theory politics, international law.