Human rights and moral: The moral values in the human rights positivization and application phases

Abstract

The text proposes an axiological concept of human rights, as  predominant interests, according to the morality shared in a  specific historical moment. It also establishes four evaluative criteria to qualitatively separate human rights from other lesser rights. The studies that support the ethical foundations of human rights has substantial advantages compared to the natural law, historicist and consensual studies, because it recognizes the  irrefutable fact that the morality is the justification of the human rights and also because it restrains violations, by limiting the variability of the essential protection they confer, through the imposition of a democratic process to modify the law. Finally, this study supports the existence of a relationship of complementarity between law and morality, which is noticeable in the stages of legislation and enforcement.