La Eficiencia De Los Derechos Humanos Una Propuesta Humanista Desde La Filosofía Del Derecho

Abstract

Agreements, legal rules, laws, declarations are drafted; they meet at large summits, sign and ratify international treaties and conventions; however, the years go by and the substantial and practical efficiency of human rights, in society, seems to remain stuck in the mere idea or normative formality. Law seems to fall into the vanity of believing that the efficiency of rights is achieved only from its normative and coercive capacity, that is, from the imposition of norms that legally bind institutions, countries and, ultimately, their citizens. In this academic work, I do not limit myself to describe but I design a proposal that I have called the theory of recognition empathy. Without distorting the coercive role of Law, I reflect on its lack of efficiency for the structural advance of respect in human rights and I argue that the policies and legal norms that only concern to legally bind be overcome by others that attend to the the need to achieve social conviction about the true value that binds us all with humanity and human rights of all others.