Between nature and dignity: reflections on human rights

Abstract

The inquiry jnlo lhe foulldalion of human rights is not overcome by positive law. Today's epoch Is a time of crisis. Crisis of the truth or crisis of the foundation of human rights. iI is not possible lo imagine a society (no matter if crisis is or not  presenll, wilhout rights. there is not society without persons nor persons without rights. The faundation of the legal order is human dignity, not understood as the superior public respedability held by a person because of the functions perfarmed, nor as the autonomy to act but as the being's excellence. Absolule dignity because it does noe depend intrinsically and essentially on matter and il is nolt referred lo the human species. The person is end in itself. The absolute rondition of dignily supposes an acceptance of lhe metaphysics of creation, the human being is ¡mago Dei. Operative dignity or dignily in Ihe ends man can always improve. Human dignily is The onlogical condignity of respect founded in the superior goodness of being. The being of man brings together an "ought to be", foundation of morality, of lawfuness and, therefore, of human rights.