This collection of papers by international authors assembles research on the concept of fraternity and examines the issue of its role in law. Since the end of World War II, fraternity has been cited in several national constitutional charters (e.g., in France, Portugal and Brazil), in addition to th...
This collection of papers by international authors assembles research on the concept of fraternity and examines the issue of its role in law. Since the end of World War II, fraternity has been cited in several national constitutional charters (e.g., in France, Portugal and Brazil), in addition to the United Nations Universal Declaration of Human Rights. But is there space for fraternity in law? Can the concept of fraternity be elevated to a legal principle within the different legal traditions? The Universal Declaration of 1948 itself shows that the concept of fraternity indeed embraces respect for the dignity and human rights of every person. But wouldn’t it have been sufficient to simply recall the equality among people to do so? Which broader points of view encompass the concepts of fraternity or solidarity, or others similar to them, such as the more recent term, ‘proximity’?
The book examines the values guiding each person to adopt a positive approach towards others. Independently of the type of human and legal relationship that exists between them, these values could contribute to more effective mutual respect and the conviction that all of humanity dwells within each human being. Although these values cannot sustain the existence of a ‘right of fraternity’ or ‘right of solidarity’ for every legal system, they would be sufficient to justify the so-called ‘third generation’ human rights such as those of peace, development and a healthy environment.
Assuring such rights lies within the responsibilities of public authorities, but also falls upon every person, to protect current and future generations. The centrality of fraternity, which resides in every “true” challenge of globalization, expresses an otherness that no longer seems to be measurable solely through neminem laedere, if it is true that dignity expresses the very social and relational constitutive dimension of the person.
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