Diritti umani - nuovi diritti trasformazione dello stato di diritto

[Autom. eng. transl.] In the current historical-social age it seems that rights are not enough for themselves. Rights are created to protect others that already exist, in a process with incessant rhythms that never seems to end. But if abstractly this appears, so to speak, natural, where it is framed in juridical phenomenology, on the basis of which it is not sufficient to affirm the existence of a right, but it is necessary to lay down the rules that make it effective and thus configure active legal positions , the multiplication of new rights raises more than one question when we wish to attribute them constitutional and / or fundamental value, when these are included in international treaties or solemn declarations, which have the purpose of preserving and guaranteeing the freedom of individuals. The concept of "fundamental right" seems to lose its consistency and strength, such as that right which, placed within a Constitutional Charter, marks the historical, cultural and even legal identity of a community. The work is meant to be a reflection on this phenomenon and above all a reflection on the "founding of rights" in the sense of foundations of a social and legal order, in the perspective of the relationship between old and new rights.