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The New Civil Rights of the Person

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The Constitutional State, in its initial configuration as a liberal Constitutional State, recognised a series of basic individual rights as fundamental rights. Subsequently, in the second half of the 20th century, social, economic and cultural rights were integrated into the Constitution, creating the social Constitutional State. However, although said group of rights are always mentioned as a compact group, or a package of rights, in fact the second recognition only took place, in the strictest sense, with respect of social and economic rights, and, to a much lesser degree, in respect of cultural rights. Largely, the cultural rights are forgotten rights in the Constitutional State, but today our society is multicultural. This is a contradiction. The text provides the basis for a progressive recognition of cultural rights in the Constitutional State. Also, the text discusses the benefits for all if we consider these rights as rights of the person, that is, as rights of all persons and not only of minorities.
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Document Type: Research Article

Publication date: October 1, 2014

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  • Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
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