Human Rights in a colonial perspective: a key to understanding for the better realization of rights in democratic constitutionalism

Fundamental human rights would have been the result of the political and legal setting of modernity, which did not take into account the existence of subjects other than the ideal and abstract individual, other knowledge and other forms of structuring power. It is in this perspective that, with the help of the historical-dialectical method and using bibliographical research, it is intended to deepen the knowledge about the decolonial critical view of human rights in order to throw light on the obscure dimension of coloniality concealed by modern hegemonic thinking. The decolonial perspective, by pointing to the unfolding of the domination of the non-European “other” and the universality of Eurocentrism as a way of being, of knowledge and power, can show the inconsistencies of the prevailing understanding of human rights and its low effectiveness.