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The gratuity of positive rights as human rights: a proposal for its ponderation and concession

Abstract

The recognition and the implementation of the Human Rights has generated that his fulfillment is in some cases at the cost of the budget. This article will analyze if positive rights requested as human rights, they must be granted without conditions, or if, on the contrary, a mechanism must exist in order that there is no abuse in their enforceability and justiciability.

Keywords:
human rights; enforceability; justiciability; interpretation; ponderation

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