Abstract

RENTERIA DIAZ, Adrián. Derechos Humanos: Justificación y garantías. Isonomía [online]. 2008, n.28, pp.87-108. ISSN 1405-0218.

Based on the idea, that sublies the contractualists theories birth of the State, that the social structures are the result of a human convention, that is to say an artificial product, whose purpose ultimately is the protection of individuals who have built them, the author argues that if the justification of human rights makes sense to work out, is only a relative justification, devoid of any element of ontological character. Justification relative that, in addition, fits in with the general trends that characterize the constitutions from the second half of the 20^th century, which, in a rigid and legally guaranteed constitutional framework, fundamental rights, made positive law in the constitutions and proclaimed in many international declarations, work as limits and links for political action. Limits and links that do not cease to exist, well as the fundamental rights from them rising when to the rights does not follow a system of guarantees, precisely because, unlike some authors support, between rights and guarantees not there is a logical relationship, but rather a normative relationship.