He naturalism it is a philosophical or thought current developed in the field of right as the foundation of human rights . For natural law, the origin of this type of rights is found in the very nature of people .
In this way, iusnaturalism argues that the natural right It is the one that human beings have because they are just human beings. It is linked, therefore, to the nature of individuals.
This means that, for natural law, there are universal rights that are superior, precedent and independent to customary law, positive law and written law. These universal rights correspond to natural laws .
He iuspositivism , on the contrary, considers that the source of law is the written legal order that governs at any given time. Unlike natural law, it is based on positive laws.
The pillar of iusnaturalism, in short, is the belief in the existence of universal principles which are linked to good and evil, from which emanate natural rights (or human rights) and natural laws as a supralegal framework. It is inherent in human being beyond nationality, gender, ethnicity, religion and the social position and it is alien to any historical modification.
That natural right, due to its condition, does not need to be written to be valid, since it is not a creation of the man It comes from nature. The positive law, on the other hand, must be expressed in writing for the establishment of the legal system that regulates.