Papers by Fernando Berdion-Del Valle
There cannot be 'innate' rights in any other sense than that in which there are innate duties, of... more There cannot be 'innate' rights in any other sense than that in which there are innate duties, of which, however, much less has been heard." 1 I. INTRODUCTION: WHAT HAPPENED TO DUTIES? Human rights are, simultaneously, legal, moral, and political claims. 2 Equally important, however, is the fact that human rights are fundamentally claims about relationships. 3 To have any practical meaning, human rights must be recognized We thank
Using a comprehensive database of global constitutions and original archival materials, this stud... more Using a comprehensive database of global constitutions and original archival materials, this study makes several key findings about the origin, nature, and diffusion of "human duties" - the obligations of individuals that parallel universal human rights. These duties appear in a majority (60%) of the world's written constitutions and are becoming more common over time. They have deep roots in human rights history, and they featured prominently in early drafts of the Universal Declaration of Human Rights (UDHR). Duties continue to play a central role in regional human rights regimes, particularly through the American Declaration of the Rights and Duties of Man and the African Charter on Human and Peoples' Rights.
In addition, this article argues for a renewed focus on human duties in contemporary discussions of human rights theory. We argue, in particular, that human duties highlight the relational quality of human rights. This relational model supports, in turn, a networked model of rights and responsibilties that transcendes traditional political boundaries. Understood in this way, human duties offer a potentially powerful conceptual vocabulary that can help us address transnational legal questions, including the continuing challenge of global climate change.
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Papers by Fernando Berdion-Del Valle
In addition, this article argues for a renewed focus on human duties in contemporary discussions of human rights theory. We argue, in particular, that human duties highlight the relational quality of human rights. This relational model supports, in turn, a networked model of rights and responsibilties that transcendes traditional political boundaries. Understood in this way, human duties offer a potentially powerful conceptual vocabulary that can help us address transnational legal questions, including the continuing challenge of global climate change.
In addition, this article argues for a renewed focus on human duties in contemporary discussions of human rights theory. We argue, in particular, that human duties highlight the relational quality of human rights. This relational model supports, in turn, a networked model of rights and responsibilties that transcendes traditional political boundaries. Understood in this way, human duties offer a potentially powerful conceptual vocabulary that can help us address transnational legal questions, including the continuing challenge of global climate change.