La Democracia: un Derecho Fundamental Desde la Doctrina de la Integralidad en los Derechos Fundamentales y el Enfoque Basado en los Derechos Humanos o la Democracia Integral D+EBDH.

Abstract

The research conceives democracy as a complex fundamental right, based on the doctrine of the integral nature of fundamental rights and the human rights-based approach, in its embryonic stage, which brings together the elements of any subjective right. This is constituted by an instrumental facet (vital for the manifestation of the majority principle) and a substantial facet, as it houses within its essential, integrated, or all-encompassing core, a bundle of rights (civil, political, economic, social, cultural, environmental, etc.), all equally fundamental. These rights have, in their effective enjoyment, the essential premise or necessary condition for the interrelated and interdependent realization of the same, through reciprocal reinforcements, in a functional relationship for the fulfillment of the normative content of human dignity in the social rule of law. In this framework, the individual can develop their valuable life plan without harm, achieve human flourishing, and have access to appropriate goods and services, both material and immaterial.