Abstract

MARIN AVILA, Esteban. From the Declaration of Human Rights to Their Existence. Considerations of Phenomenology and Social Ontology. Diánoia [online]. 2020, vol.65, n.84, pp.3-29.  Epub Dec 09, 2020. ISSN 0185-2450.  https://doi.org/10.22201/iifs.18704913e.2020.84.1648.

In this paper I reflect on the possibility of conceptualizing human rights as institutional facts. This aims to frame them in a broader perspective than a merely legal or moral one. The proposal is based on John Searle’s social ontology, but I attempt to think it over with the support of Edmund Husserl’s phenomenology and Adolf Reinach’s theory of social acts. In the final part I set forward problems related with the role of national States in institutionalizing human rights. To elaborate this point, I draw on Hannah Arendt’s idea that human rights presuppose the right to have rights and relate it with more recent observations of experts.

Keywords : institutional facts; the right to have rights; social acts; speech acts; national States.

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