The right to be happy

What I like best about the science of law is that it is not only limited to the external acts of people, but also deals with their feelings and emotions.

Hence, we have the jurisprudential and doctrinal construction of the right to free development of the personality, or, in a more romantic way, the “right to happiness”, which has become one of the main premises of the evolution of human rights in our legal system.

Achieving “happiness”, being happy, has been established in our country as a true “third generation human right”, which consists of: the prerogative that all people have to “live in the way that best pleases us” , according to our preferences, tastes and beliefs and, therefore, to carry out all those activities that contribute to the full development of our personality, without these being limited or restricted, in any way, by laws or regulations. authorities.

In the French Revolution the “first generation” of “human rights” was postulated, which referred to those civil and political rights that assured people a scope of autonomy from the State and the ability to participate in public deliberations.

During the last century, the “second generation of human rights” appeared, which already have a more economic and social nature, which complement those of the “first generation” by guaranteeing the material means necessary for their free exercise.

The “third generation” of “human rights” is the result of walking along this path of political, legal and social evolution towards a new stage, in which now it is not only that, for the protection and due exercise of rights fundamental, sufficient material means are provided for the deployment of their own autonomy, but also, guaranteeing a “good quality of life for people”, for which it is essential that they have the power of decision and, above all, of put into practice all those activities that are directed to achieve this objective, consisting, therefore, in a true obligation for the State.

Clear examples of the development of the human right to the free development of personality can be found in the jurisprudential construction relating to same-sex marriage or the approval of the recreational use of marijuana, among many more.

In such a way that, now it will not be enough for the State to seek economic growth and income redistribution, since it will also have to deal, to the same degree of importance, with the “happiness of the people”. Thus, the third generation of human rights constitutes the political, legal and social reflection of this evolution.

As always, a pleasure to greet you, hoping that these few letters have been to your liking and, above all, useful. Until next time!

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