ABSTRACT
The individual’s will and exercise of rights shall be inserted into domestic constitutional law and international human rights obligations. Hence, the paradox of citizenship spelled out by Arendt could be solved in this new way of attributing rights. The binomial theory of law and the individual is inherent to the legal paradigm of the human condition. The UN consensus opens the door to a legal paradigm that surpasses human dignity: the human condition. There is a connection with the conception of human rights as not just an abstract axiological subject, but as one that is historical, social, and even political. From a theoretical perspective, this recognition challenges the nation-state conception of power. The right to promote and protect human rights contains nine key rights as instrumental multilevel guarantees. But individuals cope with the highest risks and threats, particularly for vulnerable groups, when they exercise their rights with asymmetric enforcement. Thus, the universal paradigm of human condition is universal in the Declaration of human rights defenders, but the exercise of instrumental rights is asymmetric depending on the law of the states and regional systems. In the European Union, it is different within than in the external action.
