FUNDAMENTAL RIGHTS, VERY FUNDAMENTAL RIGHTS OR, SIMPLY, RIGHTS? THE PRINCIPLE OF INDIVISIBILITY OF RIGHTS IN THE OLD AND THE NEW CONSTITUTIONALISM

Derived from an equal treatment of all the groups of rights arises the principle of right's indivisibility and interdependence. This paper analyzes the causes which have done that this principle has been traditionally ignored in the classic constitutionalism, and the consequences of it. Only in recent decades, the international human rights treaties and the new constituent processes, particularly in Latin America, are recovering the principle of right's indivisibility, opening a new era in which is emerging a new constitutionalism of rights based on full protection and judicial enforcement of all the rights.