WHO HAS HUMAN RIGHTS?

Abstract

It is a widespread belief that the human rights holders are the persons, i.e. normal humans as soon as they are moral agents. Human rights are fundamental moral rights in the sense of serving as the foundations for a fair social order. However, the determination of the characteristics of human beings as persons raises the problem of the marginal cases, i.e.: human beings who do not meet or do not fully meet those characteristics. This problem has responded with the prejudice of the species (speciesism) which offers a positive or inclusive aspect and a negative or exclusive one. This paper addresses these issues and defends the prejudice of the species, according to which all humans beings and only humans beings are the holders of basic moral rights of fundamental character for a fair social order.