From the perspective of the development of human rights, based
on a systematic, global, and progressive approach to them as an
essential tool for overcoming the issues awaiting us in this new era,
which we enter with more challenges than certainties, I consider it
essential to continue deepening some concepts that doctrine gives
us and practice requires of us.
1. The right to the truth and its relevance in the post-truth
era. Is it possible to argue over its autonomous
content?
With the due authorization of its author, Professor Antonio Cabo
De la Vega (Madrid, 12.2021) I will here make use of a part of
the talk we had to unravel the twists and turns that await us in
this old and ancient anxiety of humankind as it seeks after
knowledge: The search of the truth. Here are his thoughts:
“Since rationality took hold of the legal world with the
Enlightenment and embodied by Beccaria, truth has become a
basic requirement presupposition of the criminal process.
That is, the truth understood as correspondence between what
is expressed verbally and what happens in the material world,
conceived as a rational and knowable universe.
Previously, the idea of truth was not so much related to the idea
of verification through evidence, but rather the idea of
authorization. The truth became true depending on who
expressed it ("I am the way, the truth and the life," John 14:6
says). The ideas of Thersites in the assembly of Achaean heroes
of the Iliad cannot be "true" because they are expressed by a
ridiculous character, and those of the poet, on the other hand,
are true because they come from a Muse. Hence also, the