Hervada’s Thesis on Subsequent Natural Rights and the Inter-American Court of Human Rights’ Doctrine on Implied Rights

Postigo J.C.-F. · Persona y Derecho (2022) · DOI: 10.15581/011.87.006

Resumen

The paper’s central argument is that Hervada’s doctrine on the existence of subsequent natural rights – and the necessity to posit these rights for their historical enforcement– offers better parameters and standards for the justification and determination of implied rights in the IACtHR’s opinions. On the one hand, it allows to justify such rights based on a universal human nature as well as to determine the right’s content through their inherent ends with better claims of objectivity. On the other, it permits to verify the indispensable role of positive law for the determination of human rights which have not been expressly recognized in the Convention.

Instituciones: Universidad Católica San Pablo