Universality of Fundamental Rights, Multiculturalism and Humand Dignity: an Aproximation from the Theory of the Fundamental Rights of Luigi Ferrajoli

Abstract

The  current  social  context  has  the  leading  role  in  a  multicultural  or  distinguished citizenship.  The ownership  of fundamental  rights and the value of dignity  as a qualif ied value must regulate the relationships,  even in the case that these rights should be limited. Ferrajoli def ines fundamental rights as those individual rights that are universal to all human beings as endowed with the status of citizens or persons with legal capacity, meaning any legal right positive expectation  or negative attached to a subject by a positive legal norm. Fundamental rights are universal rights and this universality can be related, according with Ferrajoli, with multiculturalism. This universality must not go against the cultural identity.