Checking date: 20/04/2022

Course: 2022/2023

Concept and foundations of human rights
Study: Master in Advanced Studies in Human Rights (67)

Coordinating teacher: ASIS ROIG, RAFAEL FERNANDO DE

Department assigned to the subject: International Law, Ecclesiastical Law and Philosophy of Law Department

Type: Compulsory
ECTS Credits: 3.0 ECTS


Requirements (Subjects that are assumed to be known)
The only requirement is to have been formally admitted to the Master in Advanced Human Rights Studies
The fundamental objectives of the course are: to give the students a broad perspective of what are the main problems faced in determining what is the concept and foundation of fundamental rights, and also of the different responses that for that determination has been given from the different approaches specific of philosophy of law. Thus, it is intended that the students will be in the best position to conduct its own investigation in those aspects that they considered most relevant or of interest for their own training, for which they can count on the guidance of some teachers who taught the subject.
Skills and learning outcomes
Description of contents: programme
1.- Introduction: Terminology problems. Vagueness, ambiguity and emotion. Natural rights, human rights, moral rights and fundamental rights. 2.- The concept and the foundation: their relationship 3.- On the foundation 3.1.- The problems of the foundation of rights. 3.1.1.- The difficulties of the rational foundation 3.1.2.- The difficulties of the integral foundation 3.1.3.- The open catalog of rights 2.- The relevance and meaning of the problems with the concept and the foundation of human rights. 3.2.- Various proposals on the foundation. 3.2.1.- Attention to the addressee: abstract and historical foundations. 3.2.2.- The nature of values: objectivism, subjectivism and intersubjectivism. 3.2.3.- The budget: liberals and communitarians. 4.- About the concept. 4.1.- Natural rights 4.2.- Positivism 4.3.- Dualism 4.4.- Trialism 5.- The dualist proposal 5.1.- Reason and History 5.2.- The dynamism of freedom 5.3.- Rights as ethical instruments 5.4.- Rights as political instruments 5.5.- Rights as legal instruments 6.- Values and principles 6.1.- Human dignity. 6.2.- Freedom. 6.3.- Equality. 6.4.- Solidarity 7.- The relevance of the conceptual and justificatory problem: special attention to its impact on legal systems. 7.1.- The guarantee system: legislation and jurisdiction. 7.2.- Interpretation: legal interpretation and constitutional interpretation. 8.- Contemporary challenges of the concept and foundation
Learning activities and methodology
Beside the theoretical classes exist 27 hours of tutoring, that students can use to answer questions about the 45 hours of personal work that each student has to make on the course.
Assessment System
  • % end-of-term-examination 100
  • % of continuous assessment (assigments, laboratory, practicals...) 0
Basic Bibliography
  • De Asís, R. y Ansuategui, J. (eds.). Essays on human rights. Aranzadi. 2015
Additional Bibliography
  • Cohen, G. A.. Self-Ownership, Freedom and Equality. Cambridge UP. 1995
  • Sanders, J.. Why the Numbers Should Sometimes Count. Philosophy and Public Affairs. 1988
  • Taurek, J.. Should the Numbers Count? . Philosophy and Public Affairs. 1977

The course syllabus may change due academic events or other reasons.