Attilio Pisanò

Overlapping Consensus and Human Rights

  • Abstract

Informations and abstract

Keywords: Consensus-Based Approach; Human Rights; Rawls; Overlapping Consensus; International Human Rights System.

The paper suggests a Rawlsian perspective on the consensus generated by the international human rights system. Specifically, given the political neutrality of human rights, the paper analyzes the evolution of the international human rights system through the categories of "modus vivendi", "constitutional consensus" and "overlapping consensus". Within this framework, the Universal Declaration is seen as the achievement of a mere "modus vivendi", the 1993 United Nations Vienna Conference and its final documents are interpreted as expressions of a "constitutional consensus", finally the "overlapping consensus" is something to be achieved.

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