Brief introduction to the evolution of Human Rights, the specialization of the right
As the French Revolution (18th century) broke out, the men of Europe became aware of the state of misery, suffering, indigence, etc., to which they were subjected. Power, under the auspices of intransigence, established its illegitimate bases, denying men the status of subjects of rights.
The awakening of consciousness
The awakening of consciousness, largely inspired by philosophical ideas whose main value is extracted the metaphysical construction of natural law; Humanity recognizes an ethical paradigm which some scholars mention has spontaneously emerged in the consciousness of every human being as an innate and immutable quality. This conception, although present in the consciousness of all, in modernity; Is the result of a historical construction at a given time and place, so the human rights of an abstract phenomenon are not treated, although this was the bourgeoisie's argument to instill and assert its ideals, insofar as it required the Support of the people, against the increase of arbitrary political power.
The historical process
In fact, the historical process from which society evolved in relation to Human Rights went through several stages of maturation, considering that, in the first instance, these rights arose within developed States (France, England, the United States, etc.) .), Simultaneously, and even with a certain identity to the so-called fundamental rights, public freedoms, subjective public rights, fundamental human rights, or any other denomination, without incurring contradiction, considering that they have similar terminology and are used in practice as Synonyms, however, technically, does not hold the same content, measure of which can be recognized as sensitive.
Evolution of rights
Effectively, human rights are then, at the outset, fundamental rights that appeared with the affirmation of civil rights in France. Negative freedoms (liberte), positive benefits (egalité), and social rights (fraternité); Constitute the prelude to what has come to be called the cultural patrimony of humanity.
Difference and scientific rigor
Nowadays, with scientific rigor, it can be said that both are not confused. Paulo Bonavides goes so far as to mention the promiscuous use of the two expressions (BONAVIDES, Paulo, Constitutional Law Course, p.514). In order to deflect the error of the majority, it is important to note that human rights are distinguished as inherent in the quality of human beings, and valid, without distinction, to all men, everywhere. The fundamental rights, however, are those rights that a certain legal institution (State) has guaranteed to its population (perennial or precarious) in determined space and time. Hence it is admitted that fundamental rights are more restricted when compared to humans, inasmuch as the sensitive content of the former can be restricted by the original power, while the last inadmissible retrogression or restriction, based on what is said Canotilho is the principle of not Social relegation (CANOTILHO, JJ Gomes, Constitutional Law and Theory of the Constitution, 2nd Ed., Coimbra: Almedina, 1998, page 320).
The race for rights
In the race for rights, the cultural patrimony of humanity and the process of awareness that gave rise to it, made possible the so-called specialization of rights, within which old age, being the very expression of the right to life, has enormous relevance as a human right. Fundamental. It is based on the human dignity of the Universal Declaration of the Rights of Man (1948), insofar as it shows that man must be cared for throughout his life, and especially in moments of fragility such as that of old age . This fragility which the social dynamics pushed by capitalism and its distortions subjugated; In view of the fact that the population at an advanced age is constantly subject to social vulnerability, whose main exponent is unemployment, redirecting the safeguard of these adversities to the programmatic content of the Constitutions of the National States.
Contingent fundamental right
It is a fact that the population at an advanced age is subject to social vulnerability, with the main exponent being unemployment, which promotes irrational discrimination and makes it difficult for elderly people to access jobs that are adequate to their physical and intellectual limitations. This fragility has been overwhelmed by the social dynamics of capitalism and its distortions, given that the population of old age is constantly subject to social vulnerability, whose main exponent is unemployment, redirecting the protection of these adversities to the programmatic content of the Constitutions . The democratic improvement based on the idea of Human Rights as a cultural patrimony of humanity must be sufficient, if not inevitable, instrument of social transformation, inasmuch as the profile of the elderly is constantly changing in face of their self-recognition as an actor in a more Structured and rational, which allows the glimpse of a social reengineering in order to institute or apply the right claimed in the fundamentals of the republic in an inseparable way to the portion in advanced age of society, so as to raise the right of the elderly to the level of human right Fully applicable in the legal systems of National States, and not just as it is now a contingent fundamental right.