Authors: Vera Lúcia Raposo
Addresses: Faculty of Law, Macao University, Macao, China
Abstract: In spite of the existing rich theories of fundamental rights, we are still facing complex issues regarding the identification and the constitutional relevance of new fundamental rights. The aim of the present article is to describe the state of the matter regarding the opening of the constitutional texts to new rights and the controversy about the new generations of rights in the framework of Iberian constitutions, i.e., the Portuguese and the Spanish Constitution. The exposition of the problem will highlight the main difficulties that the new fundamental rights entail and provide some solutions aimed to contribute to the peaceful coexistence between fundamental rights, the old ones and the (apparently) new ones. Most of the considerations will be done in light of the Iberian constitutions, but with a reasoning that can be transposed to many other Constitutions from European Continental law.
Keywords: Portuguese Constitution; Spanish Constitution; fundamental rights; generations of rights; 4th generation rights; 3rd generation rights; biomedicine; open clause; implicit rights; constitutional interpretation; Spain; Portugal.
International Journal of Human Rights and Constitutional Studies, 2015 Vol.3 No.3, pp.228 - 241
Available online: 14 Oct 2015 *Full-text access for editors Access for subscribers Purchase this article Comment on this article