The fundamental right to a corruption-free society: a contribution from Latin America

Abstract

Within the human rights-based approach studies of corruption, the most advanced position has proposed the existence of a human right to a corruptionfree society. The new right question continues open because its existence neither has been refuted with solidity nor satisfactorily grounded. The article addresses this issue. Firstly, the state of the discussion on the links between human rights and corruption is reviewed. Secondly, reasons in favor of the recognition of this new right are given. Also, the recent Latin American constitutionalism’s contribution, which has already recognized in some cases the freedom from corruption as a fundamental right, is commented.