About The Workshop
SW 62- Emerging Political Rights: From Theoretical Foundations to Judicial Recognition
Chairs
Convenors: José María Sauca Cano; David García García
Contact: jmsauca@der-pu.uc3m.e ; david.garcia.garcia@uc3m.es
The assertion of new rights by political and social movements of varying influence is a common phenomenon in contemporary societies, which are characterized by cultural, political, economic, environmental, and even armed conflicts. The advancement of modern, open, and inclusive societies requires a critical examination of the legal foundations and conceptual bases of these new rights, as well as the expanded dimensions of “traditional” rights. Efforts to integrate these “emerging” rights into our constitutional and international frameworks must be underpinned by a theory that adequately grounds and defines such claims. A further subject of inquiry is the exploration of the limits inherent in the strategy of framing claimants as right-holders to secure legitimate claims to justice. The central objective is to facilitate the delineation of these boundaries.
This workshop focuses on two primary lines of inquiry among these diverse claims:
First, it analyses substantive emerging rights recently recognized by national and international courts. This line of inquiry explores rights associated with human identity and dignity; rights concerning the recognition of nature or future generations as right-holders; the right to a healthy environment; the right to care; or the integration of vulnerability and intersectionality perspectives into human rights standards.
Second, it examines a category of emerging rights related to citizen participation in public affairs. This includes rights linked to political participation (e.g., in the digital public sphere, representation of minorities, and participation of persons with disabilities); rights pertaining to political deliberation (e.g., the right to receive truthful information, the right to political justification, or the right to understand the Law); and rights with a distinct institutional projection (e.g., the right to democracy, good governance, or a society free from corruption).
In sum, not only is this workshop theoretical, but also focused on case-law analysis. It seeks to think over the foundations of these new rights while also focusing on concrete standards. It revolves around applied research, analysing these concepts and their specific development within various constitutional, supranational, and international contexts.
Prospective participants are invited to submit an abstract (ca. 400 words) and a short bio to the convenors (jmsauca@der-pu.uc3m.es / david.garcia.garcia@uc3m.es) or to iger@emergingrights.net. To facilitate discussion, we warmly invite participants to circulate a final paper by June 15, 2026. (Abstract accepted in English and Spanish).
