Human rights for post-francoism: the political and civil citizenship

The culture of human rights is a central issue of the European democratic heritage of the present time. However, their relations with the state cultures with which they interact in the construction of a European civil citizenship are poorly known. The present article aims to analyse its appropriation under the Franco's dictatorship by christian democrate and democratic socialist forces, around Joaquin Ruiz-Gimenez, Elias Diaz and Gregorio Peces Barba, mainly: the purpose is to identify conceptual and ethical limitations to civil morality that consolidates in the 1960s and 1970s and can be observed in the application of the Law of Social Danger in the constitutional period, limiting the forms of democratic individuality. Starting from a Franco Social Danger judge nominated judge by Spain of the European Court of Human Rights in the 1990s, the objective is to better outline the moral quality of this legal culture when post-Franco civil citizenship is invented. The interpretation invites, in the end, to rethink the ethical and epistemic substrate of this legal culture, in the European cultural context of the s. YXI marked by the breakdown of the middle-class subjectivity to which these rights were supposed to give shape.