Constituting human rights, social and daily struggles and historicization

Abstract

Human rights have a claim on one of its most important components. You can demand a right denied, recognized by the law of a Constitutional State of Law or claim a new right which is not covered by the legal system of national states internally incorporating international systems. Rights are claimed becauseof some sort of grievance, affront or injury to a particular human being or a group or collective of human beings. That damage can be individual and specific produced by a concrete and particular act, or it may be caused by a more stabilized unequal power relations, ie, a structure or a system of domination that generates discrimination, oppression, exclusion and / or death of those who suffer from them. For this reason, for Ignacio Ellacuría, the best and the most suitable way to perceive a real and dynamic human right is to deny that condition of slavery, weakness and oppression that goes against a vital dimension and the human beings’existence that means dignity, freedom or rights. This condition provides some primary thematic data useful as a source not only of analysis but mainly to attain justice facing it and, dialectically , annulling it, by means of a critical and transformative action.