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In this article we try to show the troublesome relation between biopolitcs, biopower and human rights in Michel Foucault. The notion of right is a classical notion, insofar as it pertains to the juridical conception of politics and to the techniques of sovereign power. On the other side, the idea of the human animal as human being appears only in Modernity, within the different dispositives that constitute what Foucault called the modern biopower. Therefore, talking of human rights one puts together the idea of right and the idea of human being, i.e. two notions belonging to two historically distinct techniques of power. In the awareness of this distinction, one has to question why Foucault, in face of what was going on in his days, did nevertheless appeal – against governments – to the rights of those who are governed. Classical right may have nothing to do with biopolitics; however with regard to the so-called human rights we cannot claim the same.