Free personality development with an emerging law perspective
DOI:
https://doi.org/10.29059/rdycsv.v2i1.40Keywords:
emerging human rights, free development of personality, jurisprudence, Supreme Court of Justice of the NationAbstract
Based on the concept that the Supreme Court of Justice of the Nation has established in its thesis “Right to the free development of personality. It provides protection to a residual area of freedom that is not covered by other public liberties”, published in the Official Gazette of the Federation in February 2019, it is worth reflecting on its scope and asking ourselves if the free development of personality is an emerging right.
To do this, we need to understand what is understood by emerging human rights, the reasons and justification for its emergence, its scope and implications, set out by the Institute of Human Rights of Catalonia, promoter of this movement.
Next, we review the position of the Supreme Court of Justice of the Nation regarding the human right of the free development of the personality, which through its jurisprudence has gradually been nuanced. We emphasize the judgment that we consider has brought together the different elements of which this right is composed, to analyze them and respond to the initial questioning
