The contemporary human rights crisis shows that their juridical capacity is not sustainable and does not include in itself the political opportuni- ties to overcome this crisis, not leaving space for ethics on the subject of rights that will anticipate his needs. On the contrary, such ethics is dominated by the foundation of human rights and their essentialization through the proclamation of human nature as their stable, definitive and final ground. Moreover, the anti-humanist interpretation of the attempt to establish stable and finite foundations clears the way for a different political positioning and more importantly, for the insistence on the unfinished subject of rights, and with that for questioning of the anthropological constants that can be forcibly proclaimed as the predestined foundations of the political community.