Novelty Aspect in Human Rights Development

This presentation will put forward two theses regarding the development of new human rights. ‘The inadequacy of protection thesis’ says that the main reason for the advancement of a new human rights claim is the incapability of established human rights to provide adequate protection for certain marginalized groups, or that novel conditions challenge the capability of an established human right to provide sufficient protection for an important social value. There are six origins for new human rights claims: realization of some political agenda, pressure from civil society groups, scientific and technological developments, realization that the existing legal framework does not allow the protection of an important social value, conceptualization of social values, and intellectual reasons. This process of new human rights emergence leads ‘the decrease in universality and abstractness thesis’, leading to the rejection of the proposition that the universe of human rights can grow endlessly.