Abstract

RUIZ RODRIGUEZ, Virgilio. Derechos humanos y deberes. En-clav. pen [online]. 2011, vol.5, n.10, pp.89-103. ISSN 2594-1100.

The reason to study this topic is the widespread insistence to talk about rights but no duties; this is one of the reasons we face our current situation. We tend to forget that rights contain within themselves their corresponding duties. A subject’s right compels others not to hinder its exercise. contrario sensu, this clearly shows that duty in itself warrantees that rights be exercised, indeed by not hindering their own exercise. Thus, we may not strive to attain fair order, nor may we ground it upon rights alone, neglecting duties. Regarding the existing controversy on whether there is a correlation between rights and duties, I side with those who claim such correlation exists: by exercising one’s rights we also fulfll someone else’s duties. This correlation can be found even within interpersonal relations and certainly within the social and political spheres. It is the same rights that bind us to respect and tolerate ideologies different from our own; democracy bases its legal order upon the rights and duties of individuals. So strongly are these two concepts bound, that the need for such a link transcends regions; a clear example can be found in the the Inter-American Declaration of the Rights and Duties of the Man of 1948.

Keywords : rights; duties; correlation; entailment.

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