BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

Rights. 12 There is a lack of a propositive agenda for this. This chapter places Agenda 2030 as the turning point for change in this scenario. 2. Transnational demands and new rights Transnational demands are justified by the need to create public spaces to deal with issues concerning new phenomena that will be ineffective if treated only within the space of the traditional national state. These new phenomena identify with the so-called “new” rights, or “new” fundamental rights. In order to avoid misunderstandings of a merely ideological nature, it is certainly necessary to affirm that transnational demands do not only deal with issues related to economic globalization, as some authors claim, but with fundamental rights issues related to the survival of the human being on the planet. Economic globalization may be the basis of some transnational issues, but it is not its main source and foundation, the main justification for the need to transnationalize the law is the need to protect the human being and within this perspective is also the protection of its natural surroundings. Fundamental rights are a phenomenon of Modernity, because the conditions for its flowering occur in the so-called transit to modernity, according to the thesis of the lines of evolution developed by Professor Peces-Barba. 13 Thus, after the first process of positivization which will be marked by bourgeois revolutions and liberal ideology, fundamental rights will change throughout the history of the next two centuries and will include new demands of the changing society. Fundamental rights are not a static concept in time and their transformation accompanies human society and consequently their needs for protection. It should be emphasized that in Modernity human rights are born as fundamental rights, that is, they are first conceived as domestic law, 14 as rights of the citizen, but still national-domestic law with broad vocation and universal pretension as generic human rights, referring to all human beings. The phenomenon of the universality of Human Rights is different from the phenomenon of internationalization of it. The universalization is prior to it, because it already occurs in the theoretical construction of rights, still as Rationalist Natural Law, and follows its course from the first declarations of rights. 15 On the other hand, the internationalization of human rights is a much

12 This assertion of the authors without any fear of falling into the impropriety of generality, in which, the exception, is insignificant. See the maquiladora system in Mexico and Paraguay.

13 PECES-BARBA, G.. Curso de Derechos Fundamentales , p. 113-144 14 PECES-BARBA, G.. Curso de Derechos Fundamentales , p. 113-144

15 Take, for example, the declarations resulting from bourgeois revolutions, since both the Declaration of the Rights of Man and the Citizen of 1789, as well as the Declaration of American Independence of 1776, refer to a universal citizen. See the documents COMPARATO, F. K. The historical affirmation of human rights . 5.ed. São Paulo: Saraiva, 2007, p. 158 and p. 108. On the question of the universality of fundamental human rights, see in general terms its defense in PÉREZ LUÑO, A. E. The Universality of Human Rights and the Constitutional State . Bogotá: Externado University of Colombia. 2002. We also find an interesting and different defence of universality of human rights in the excellent text of Indian Amartya Sen: SEN, A . Development as Liberdade . São Paulo: Companhia das Letras. 2000. Still the subject is cleverly treated by Jesús González Amuchastegui, unfortunately already deceased the Spanish teacher left us an excellent legacy, GONZÁLEZ AMUCHASTEGUI, J. Autonomy, dignity and citizenship: A theory of human rights .

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