Care as a category of construction of legal subjects in democracy

Abstract

The person has been constructed by liberalism stripping it of its essence, dignity, instrumentalizing it in a technical-legal sense. Conceptualized and recognized in its rights from parameters of autonomy and capacity (self-sufficiency) to act in traffic and abstraction, it was seen as a center of imputation of rights and obligations. The dynamics of exclusion and subordination that this approach determined for certain population groups due to their circumstances (sex, age, capacity, race, etc.) seek to be tackled by legal instruments. The prism of holistic care can contribute, provided that we dimension it beyond ethics and conceptualize it as a right-duty that shows us, with responsibilities and resources, another way of living and relating to our fellow human beings and the environment, based on respect for the person, his or her dignity and inherent rights and with parameters of wellbeing and sustainability.