Derecho al cuidado: ¿Nuevo derecho humano en Latinoamérica?

Abstract

The present article analyzes and characterizes the emergence of a new human right in Latin America: the human right to care. This paper argues that this new right is in a developmental stage termed emergence. The international literature on the emergence of new human rights and the stages identified in their evolution is synthesized to substantiate this premise. Subsequently, by applying the proposal of Decken and Koch to the case of the right to care, the sources of international, regional, and domestic law are identified, allowing us to sustain and conclude what has already been stated.