Critical theory, contextual policy and rights in Latin America. Notes for a political theory of human rights

Abstract

Currently the problem of human rights becomes relevant for a critical theory that is capable of accounting for the contexts in which sociopolitical crises and biopolitical crises experienced by communities, societies and states arise. On the other hand, today there is a serious deterioration in the rights of the most vulnerable people and groups. It is not a pessimistic prediction, but it is advancing on a winding path by which one advances towards a serious weakening of them and of the full understanding that is required to project a fraternal humanity. Thus, the defense of the dignity of all human beings and the firm and democratic resistance to movements with racist, homophobic, xenophobic, ultranationalist roots, among others, emerge as a major political problem. The hypothesis that we propose is that this serious deterioration refers to a lack of autonomous political thought that investigates the use and abuse of rights by the powers that be and is not subject to a universalizing argument of a moral and legal nature. We will approach said autonomy based on the topic of a constructivist theory of human rights in Latin America that can dialogue with Forst’s constructivist perspective. We will point out that socio-political conflicts oblige not only to uncover the political paradox between government discourses, which on the one hand unrestrictedly defend human rights discourse while maintaining a “Universalist” format and on the other the widespread and systematic practices of repression and permanent violations of rights. citizens, but to the construction of a political theory of rights that ensures social justice and the autonomy and emancipation of peoples.