La universalidad de los derechos humanos: una aproximación constructivista

Abstract

The aim of this paper is to explain the relationship between Human Rights and moral universality from a constructivist paradigm. From an ordinary perspective, Human Rights are universal. This attribute has been disputed from different forms of skepticism (classical utilitarianism, neo-Aristostelianism, cultural and ethical relativism). From a constructivist point of view, Human Rights are not the product of a descriptive analysis, but the outcome of a suitable procedure of construction. The distinction between moral realism and Kantian constructivism is equivalent to the difference between a path of discovery and a path of invention in ethics. In this sense, Human Rights are the outcome of an impartial procedure of moral justification.