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1.
Cuad Bioet ; 35(113): 41-57, 2024.
Article Es | MEDLINE | ID: mdl-38734922

n recent decades there has been an undeniable inflationary process of human rights that has contributed to their trivialization and consequent discrediting. It is not surprising that after the third generation of rights there is no longer agreement on the content and scope of the following generations, which include rights whose subject is not the human being (but nature, the environment or animals) or, if it is, the individual claims from the State his right to satisfy a desire that he feels is necessary for his personal development. The emergence of ″desire-rights″ is the clearest proof of this inflationary and arbitrary process of human rights, radically transforming the entire human rights system. This article studies the emergence of these desire-rights, showing their historical origins and main philosophical presuppositions, as well as their most common characteristic features.


Human Rights , Humans , Culture , Cultural Characteristics
2.
Int J Semiot Law ; : 1-33, 2023 Mar 12.
Article En | MEDLINE | ID: mdl-37362075

Freedom of expression is a fundamental part of living in a free and open society and, above all, a basic need of every human being and a requirement to attain happiness. Its absence has relevant consequences, not only for individuals but also for the whole social community. This might explain why freedom of expression was, along with other freedoms (conscience and religion; thought, belief, opinion, including that of the press and other media of communication; peaceful assembly; and association), at the core of liberal constitutionalism, and constitutes, since the Second World War, an essential element of constitutional democracies. In a democracy, people should be allowed to express themselves to others freely. The paper, which is divided into five sections, points out that states are obliged to protect the exercise of that freedom not only because its very purpose is the common good and welfare of society but also because it is a requirement of any constitutional democracy. Otherwise, when people cannot express themselves, perhaps out of fear (not from 'war' but from different kinds of social pressure or 'violence' exerted by some lobbies, mass media, or governmental policies that are at odds with respect for the plurality of opinions), vulnerability arises. This weakens not only those individuals that are not allowed to express their thoughts but also those who do not dare to do it - or even not to think for themselves - under certain environmental pressures (exerted by states, international organizations, social media, or financial groups, lobbies, etc.). In the end, the decline of freedom of expression makes most people more vulnerable and jeopardizes the whole democratic system.

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