Abstract

AGUILAR CAVALLO, Gonzalo. Fundamental Rights-Human Rights. A Valid Distinction in the XXIth Century?. Bol. Mex. Der. Comp. [online]. 2010, vol.43, n.127, pp.15-71. ISSN 2448-4873.

There is a distinction between fundamental rights and human rights in the domestic legal system and particularly in constitutional doctrine. The concept of fundamental rights has dominated states legal system. This distinction leads to a number of consequences that are not compatible with the existence of a plural legal system inside the state. However, the contemporary state is increasingly shaped as a plural legal system, since it has to coexist with various legal orders both in parallel with and transversally, such as domestic and international legal system. Among the consequences, the maintenance of the distinction between fundamental rights and human rights tends to undermine the effective fulfilment of economic, social and cultural rights.

Keywords : human rights; fundamental rights; international human rights law; comparative constitutional law.