Criteria for scrutinizing new fundamental rights: trying to save rights from rights artificial proliferation

History and its evolving circumstances present renewed risks to human dignity, requiring that the set of rights positivized in States Constitutions and in International Law Instruments also evolve to effectively warrant human dignity. The recognition of implicit and new rights is unavoidable and desirable but can lead to rights proliferation with deleterious effects on the domestic separation of powers, on the capacity of States to guarantee rights, on the normative force of rights. The set of rights granted the status of fundamental rights cannot expand limitless.
It is urgent to offer theoretical foundations to the evolving capacity of the fundamental rights system seeking to preserve its core values and elements, preventing the denaturation of the concept of fundamental rights. The goal of the paper is to deal with this task by developing criteria to scrutinize “new” rights in order to verify if they should be granted the status of fundamental right.