Universality of Fundamental Rights, human rights, Universal Philosophy of Fundamental Rights Protection, Universal Declaration of Human Rights of 1948
The concept surrounding the notion of the universality of fundamental rights, and more precisely that of human rights, implies in reality rights that would apply to all of humanity. Its point of origin, both historical and philosophical, in fact, lies in an 18th-century French text, namely: The Declaration of the Rights of Man and of the Citizen of August 26, 1789. It is this text which gave rise to and served as the basis for, other terms of an international nature, which were themselves drafted and proclaimed to officially recognise this universality of human rights.
[...] The 1948 Universal Declaration of Human Rights was greatly enriched by cultures other than the West. This unquestionable enrichment has been made possible by evolution on the international scene in history, in particular, by the characteristic contribution of new fundamental rights recognised to people, in the image of non-interference in the lower interior of a State by another State. This was the case, for example, with the Declaration on the Granting of Independence to Colonial Countries and Peoples, made on December The universality of human rights has, therefore, developed and has not remained within the strict scope of the Universal Declaration of 1948. [...]
[...] Likewise, the abuses resulting from this universalisation of fundamental rights have led to the state being considered as a repressive tool and nothing else. More and more texts created to protect fundamental rights create a damaging vagueness with regard to the protection of human rights. Finally, it can be noted that these abuses have enabled the instrumentalisation of political, economic or financial aid from certain States for the benefit of other States and even allowed armed intervention on the territory of certain States. [...]
[...] This debate has also increased on the occasion of the sixty years of this text. The reason for this debate is in fact the growing importance of fundamental and human rights, both quantitatively and qualitatively. It is, in fine, everything that surrounds them, that is to say, their ideology which legitimises them, the field of application of these rights, as well as the limits they present in practical reality. Who have animated, and continue to animate, the political debate on the international political level as on the regional political level. [...]
[...] In this way, is the notion of fundamental rights, of human rights, so universal that it proclaims it? It is indisputable or, on the contrary, is it debatable? Do these synonymous notions appear really manifest and obvious at all times or even in all places? Human rights: issues inherent to the human person Taking an interest in the question of the universality of fundamental rights brings us back to another question, which is also important, no longer from a purely historical point of view, but indeed from the point of view of the very nature of the person, of man as proclaimed. [...]
[...] And finally, the Charter of Fundamental Rights within the framework of the European Union of 2000. Fundamental rights are defined as a set of rights that evolve in principle and are considered in terms of their importance; these encompass, for the most part, human rights. The development and recognition of some of them in the image of the human dignity inherent in every individual constitute a sufficiently compelling requirement to justify international intervention in a State which does not respect them in a serious and persistent manner. [...]
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