Abstract

DIAS, Norton Maldonado. CRITICAL TO THE THOUGHT OF KAREL VASAK AND NORBERTO BOBBIO ON THE DEVELOPMENT OF HUMAN RIGHTS IN CONNECTION WITH INTERNATIONAL TREATIES AND CONVENTIONS. Int. Law: Rev. Colomb. Derecho Int. [online]. 2017, n.31, pp.59-80. ISSN 1692-8156.  https://doi.org/10.11144/javeriana.il15-31.cpvb.

The work entitled The Age of Rights, by Norberto Bobbio, is one of the main sources that affirm a first moment of protection in the historical of the constitutionalism that, in the line ofthe thought of Karel Vasak, determined the emergence of denominated civil and political rights as prerogatives of first generation or size. However, from the point of view of International Treaties and Conventions, the first protections did not occur with civil and political rights as proposed by Vasak and Bobbio, but rather by the social rights protected by the ILO (International Labor Organization) Convention 1919. Thus, deviations from the thinking of generations and dimensions of rights to the detriment of the first formalizations in International Treaties and Conventions end up punctuating problems that affirm that the emergence of human rights does not depend on the momen t in which they were legally protected. The work concludes that the emergence of rights consists of a multifactorial process, reducing the positivist criterion that attentive to the historical moment of legal protection of rights as only one of several factors that must influence the emergence of these rights. In short, rights arise from innumerable factors, including anthropological, historical, sociological, technological, and other factors; Placing the moment of legal protection and formalization of rights, not as a determining factor, but as one of the several influences to be considered in the process of emergence and determination off undamental prerogatives.

Keywords : Emergence of human rights; Vasak; Bobbio..

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