The emerging human rights from the social tradition and their approach in present-day Mexico

Abstract

This paper presents an introduction to the emerging human rights concept, based on the theory of social tradition, and shows some relevant issues in the context of the actual Mexican reality. The approach is based on the structuralist sociology of traditional behavior; which, as a self-assembly, sees the human rights as historical products of social and cultural evolution of European societies, but not as a product of human nature. At the same time, it seeks to assimilate positivism, consensualism, and historicism as fundamental background. Thus, starting from the concept of emerging human rights and its theoretical bases in the social tradition concept, we discuss several issues like: i) resistance against oppression and tyranny; ii) rights of indigenous peoples, punishment of genocide, forced disappearances and crimes against the humanity (with transitional justice in vogue); iii) new personality rights, such as homosexual families, prostitution as legal work, abortion, drug use, and euthanasia; iv) environmental rights and development progressing towards sustainable and equitable development; v) brave new traditions, as the right to consultation and access to water, the internet and basic medicines. All cases are related to actually recognized rights with greater or lesser extent in international treaties, national constitutions or laws in local regulations and basic rights, making them already in political traditions.