-
Religious intolerance: the maximum denial of alterity The Age of Human Rights Journal Pub Date : 2021-12-17 Edna Hogemann
It analyses aspects of religious intolerance in Brazil, its cause-and-effect relationship with radical proselytism, negative consequences for the exercise of the right to religious freedom and other human rights, some manifestations in the Brazilian multireligious scenario, some potentially effective instruments for prevention intolerance, among which are the practices of alterity. It shows that Brazil
-
Identity of Roma women and processes of international and transitional justice The Age of Human Rights Journal Pub Date : 2021-12-17 Ana María Jara Gómez
Among the women involved in international legal environments, there are women who are administrators of justice, and women who remain as recipients, consumers or petitioners of justice. The question of identity, be it national, cultural, ethnic, religious or otherwise may become crucial when positioning human beings in one side of justice or another. This article seeks to analyse the formation of identities
-
Human Rights in Times of the Pandemic: A Dialogue on Migration and Indigenous Rights in Brazil before the Regional Inter-American System The Age of Human Rights Journal Pub Date : 2021-12-17 Letícia Virginia Leidens,Patricia Grazziotin Noschang
This paper using the deductive method of approach based on regional scope for the protection of human rights, aims to demonstrate that the Brazilian state actions took during the pandemic, in terms of strategies, policies and measures to deal with the COVID-19 pandemic had severe consequences specially for indigenous and migrants population in Brazil, increasing the level of vulnerability of that population
-
Fifteen Years of Right to Information Act in India: A Long Way to Go The Age of Human Rights Journal Pub Date : 2021-12-17 Pushpraj Singh
The passing & enactment of Right to Information Act, 2005 in India has been rightly considered as a milestone in the evolution of Indian Parliamentary Democracy which attempted to ensure transparency & good governance at the grass root levels by making the public authorities accountable & responsible. This Act liberated the harassed commoners who now had a very potent weapon to seek information which
-
Hobbes and the economic, social and cultural rights of the universal declaration of human rights The Age of Human Rights Journal Pub Date : 2021-12-17 Javier Hernández,Santiago Dussan
This article argues that the conceptions of natural rights in Hobbes’s theory and of economic, social and cultural rights in the Universal Declaration of Human Rights have three common features that serve to justify the thesis that a satisfactory order of coexistence cannot be achieved without extensive state power. Both conceptions identify rights with interests whose satisfaction is considered paramount
-
Parenthood, altruism, and the market: a critique of essentialist constructions of women’s nature in commercial surrogacy The Age of Human Rights Journal Pub Date : 2021-12-17 Jesús Mora
Commercial surrogacy has become an increasingly popular path to parenthood around the world. Yet, critics have raised concerns about the practice’s implications for gender inequality. This paper critically assesses commercial surrogacy’s reliance on, and reinforcement of, common narratives about women’s natural disposition to sacrifice themselves for others. These narratives have historically served
-
Artistic expression: freedom or curse? The Age of Human Rights Journal Pub Date : 2021-12-17 Sanja Djajić,Dubravka Lazić
The purpose of this contribution is to evaluate the jurisprudence of the European Court of Human Rights (ECtHR) in freedom of artistic expression cases dealing with visual and performance arts. The reasons for this particular evaluation are salient to the fact that the ECtHR has consistently provided a lesser level of protection to artistic expression than to political expression. The aim of this article
-
Transitional justice, victims and human rights in the light of international law and the inter-american system of human rights The Age of Human Rights Journal Pub Date : 2021-12-17 Florabel Quispe Remón
The article begins by analyzing the origin and evolution of the concept "transitional justice", determining its characteristics, the context in which it was born and developed, as well as the role of the State in this process. Then it focuses attention on analyzing the development of this figure in the jurisprudence of the Inter-American Human Rights System, through the work that the Inter-American
-
A Comparative Analysis on International Refugee Law and Temporary Protection in the Context of Turkey The Age of Human Rights Journal Pub Date : 2021-12-17 Dikran M. Zenginkuzucu
The Syrian civil war prompted a large number of people to flee their country and seek asylum in other countries, making Turkey a leading host country with around 3.6 million of asylum seekers. Syrian asylum seekers in Turkey are under temporary protection regime. This article examines Turkish temporary protection regime in comparison with international protection standards and human rights law, especially
-
Exploring the use of the concept human dignity in disability human rights law: from UNCRPD to EctHR The Age of Human Rights Journal Pub Date : 2021-12-17 Elif Celik
The UN Convention on the Rights of Persons with Disabilities (CRPD) accommodates the concept of human dignity more fully than does any other human rights treaty. The role and interpretation of dignity is thus particularly interesting from the perspective of disability human rights and case law. This study examines the role and significance of the concept of dignity in relation to the human rights disability
-
The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence The Age of Human Rights Journal Pub Date : 2021-12-17 Ebru Demir
In its recent jurisprudence on domestic violence, the European Court of Human Rights started to examine the domestic violence cases in the light of relevant international human rights law developed in this specific area. This article examines the engagement of the European Court of Human Rights with other international and regional human rights instruments in domestic violence cases. Upon examination
-
Current caselaw discrepancies in the protection of national symbols and state representatives between the European Court of Human Rights and Spanish courts: a vicious circle The Age of Human Rights Journal Pub Date : 2021-12-17 Andrés Gascón Cuenca
Despite the general consensus about freedom of expression being a basic fundamental right on every democratic society, the debate about its boundaries has never found such a pacific agreement. Thus, the Spanish Penal Code has several articles that punish its abuse that are highly contested, like articles 490.3 and 543 that penalize the offenses directed towards national symbols or State representatives
-
Human rights obligations, especially, in times of crisis The Age of Human Rights Journal Pub Date : 2021-12-17 Maria Jose Añón
This article is a critical reflection on human rights obligations and the changes that have taken place in their conception and functions, as well as their impact on the protection of human rights – especially in crises. The text is divided into two parts. The first section presents the features that characterise human rights obligations while focusing on the arguments that give them identity and reinforce
-
Freedom of Speech and Expression versus the glorification of acts of terrorism: Defining limits in the Indian context The Age of Human Rights Journal Pub Date : 2021-12-17 Vaibhav Chadha
Freedom of speech and expression is one of the essential rights for humans; however, some people in the guise of right to freedom of speech and expression glorify the acts of terrorism. In India, there are several laws making certain speeches punishable, but these laws fail to take into consideration speeches that glorify terrorists or acts of terrorism. The objective of this article is to examine
-
Disability’s rights to health: an obligation triggered by corona virus pandemic The Age of Human Rights Journal Pub Date : 2021-12-17 Uche A. Nnawykezi,Bosede Remilekun Adeuti
This paper examines the right to health and disabilities rights in the wake of Corona virus pandemic. The objective of this paper is to examine the applicable legal and policy frameworks on the rights of persons with disabilities and how it has adequately protected such persons in the face of Corona virus pandemic. The study adopts analytical, qualitative approach and builds its argument on existing
-
EU, Trading and human rights: consistent framework? The Age of Human Rights Journal Pub Date : 2021-12-17 Carolina Jiménez Sánchez
The relationship between European Union and International Human Rights Law has not always been close. The global projection of the EU, specially, its interest in becoming a leader in international trade, is facing its negative impact in some territories, specially those affected by human rights violation or negation of fundamental rules of International Law, such as ius cogens self-determination of
-
Experiences of access to justice for persons deprived of liberty in Ecuador The Age of Human Rights Journal Pub Date : 2021-12-17 Andrés Ramírez,Antonia Machado Arévalo
The Ecuadorian prison system has conditions that denotes a questionable validity of rights for inmates. In this context, access to justice (ATJ) is one of the most important rights to guarantee the rehabilitation of persons deprived of liberty (PDL) since confinement and the reality of the prison generate unique barriers for the ATJ. Through the analysis of in-depth semi-structured interviews, the
-
Majoritarian Epistemology on Religious Symbols. A Religiously-Based Stereotyping Technique to “Package Others’ Religious Rights” The Age of Human Rights Journal Pub Date : 2021-06-14 Rosaria Pirosa
The paper will focus on a particular form of stereotyping technique which aims to narrow religious rights for non-Christian believers, moving from an exclusively Judeo-Christian epistemology on religious symbols that, no by chance, defines them as “ostensive”. According to this perspective, freedom of religion is eminently a heartfelt attitude, therefore the term “ostensiveness” is intended to emphasize
-
Pro Homine Principle: An Axiological Compass in Interpretation Norms in the Field of Human Rights The Age of Human Rights Journal Pub Date : 2021-06-14 Samanta Kowalska
The pro homine principle plays an important role in the objectification of the legislative process and the interpretation of regulations. The current paper presents the pro homine principle as a means of realisation and a “canon of interpretation” in the pursuit of more effective and more efficient protection of the rights of the individual. The discussed principle
-
Compliance of the Baltic States with the Principle of Tolerance as Condition for the Development of the United Europe The Age of Human Rights Journal Pub Date : 2021-06-14 Nataliya Khoma,Oleksii Oleksii Kokoriev
The article studies the compliance of democracy of the Baltic States with the principle of tolerance. The study demonstrated specific social phobias (xenophobia, migrant phobia, homophobia, islamophobia, romaphobia, etc.), hate speech and other destructive trends in the Baltic countries that contradict values of liberal democracy. The authors argue that Baltic States face similar challenges of strengthening
-
Cartography of Critical Legal Theories: Notes for a Reflection on the Relation between Law and Power The Age of Human Rights Journal Pub Date : 2021-06-14 Victor Merino-Sancho
This paper proposes an identification of the main arguments suggested by certain critical theories concerning the relationship between law and power. In order to (re)think the function of law as an instrument not only of power, but as an element of social transformation, we promote here a reflection on aspects raised by these theories; among others, the same notion of power, oppression, intersectionality
-
Peculiar Leap in the Protection of Asylum Seekers: The Inter-American Court of Human Rights' Jurisprudence on the Protection of Asylum Seekers The Age of Human Rights Journal Pub Date : 2021-06-14 Esraa Adnan Fangary
This article pursues to clarify the crucial contribution of the Inter-American Court of Human Rights to protect the rights of refugees and asylum seekers. It debates that the Court has instituted its renewed jurisprudence in the sphere of refuge throughout its case-law and advisory opinionsassociated with the safeguard of refugees, specifically the Court's direction towards affirming on the extended
-
Assesing the Roles of Race and Profit in the Mass Incarceration of Black People in America The Age of Human Rights Journal Pub Date : 2021-06-14 Williams C. Iheme
Shortly after the alleged discovery of America and its vast expanse of land waiting to be cultivated with cash crops using cheap human labor, millions of Africans fell victims and were kidnapped to work as slaves in American plantations for about four centuries. Even though it has been over 150 years since the official abolition of slavery in America, the effects of the 400 years of enslavement continue
-
Restrictions of Private Property Right in Terms of the Covid-19 Pandemic: The Experience of the US, UK and Ukraine The Age of Human Rights Journal Pub Date : 2021-06-14 Kateryna Nekit
The COVID-19 pandemic has had a significant impact on human rights. Many rights have been restricted to prevent the spread of infection. The restrictions on private property rights during the pandemic were not so obvious, but no less significant. The massive closure of restaurants, cafes, cinemas and other crowded places has resulted in significant losses for business owners. The question arose about
-
EU migration policy and migrant human rights: the protection and negation of life at EU borders The Age of Human Rights Journal Pub Date : 2021-06-14 Daniela Lo Coco
This article addresses the contradiction between the generalised use of human rights’ protection within EU migration policy and the production of deaths at borders. Through an analysis of the EU’s migration policy, this article suggests using Esposito’s concept of immunitas to bridge inherentcontradictions. Protection of life and the production of death are constitutive mechanisms of Western modern
-
Right to Health and the Social Determinants of Health in the Face of COVID-19. Tthe Spanish Experience after Austerity Policies The Age of Human Rights Journal Pub Date : 2021-06-14 Carlos Lema Añón
The COVID-19 pandemic has particularly affected Spain in 2020. Although the specific causes and Spain’s response—as well as the aspects to be improved—are yet to be evaluated, many experts agree that this crisis has magnified some of the problems of the Spanish health system, highlighting the problems derived from the cuts in the capacities of the health and public health systems. We assess the current
-
Foreign Terrorist Fighters and the UN Investigative Team to Support Domestic Efforts to Hold ISIS Accountable for War Crimes, Crimes Against Humanity and Genocide Committed in Iraq: Building a Bridge that Should Be Used The Age of Human Rights Journal Pub Date : 2021-06-14 Montserrat Abad Castelos
After examining the United Nations Security Council (UNSC) resolutions referred to the foreign fighters who joined the ranks of ISIS in Iraq and Syria andthe UN Investigative Team to support domestic efforts to hold ISIS accountable for war crimes, crimes against humanity and genocide committed in Iraq (UNITAD or the Investigative Team) this article brings both contents together in order to ascertain
-
Definition of Mother in the English Legal System The Age of Human Rights Journal Pub Date : 2021-06-14 Óscar Celador Angón
The purpose of this paper is to analyse how the term “mother” is defined in the English legal system. This question has recently been raised in English courts due to the McConnel case; where a woman, who had undergone a gender transition and acquired full legal recognition as a male, gave birth to a child and asked to be registered as the father of his child. In the first part of the paper, I will
-
Questions on Theory of Law in International Human Rights Law The Age of Human Rights Journal Pub Date : 2020-12-15 Carlos R. Fernández Liesa
The objective of this paper is to examine some specific question on the theory of law in international human rights law. International human rights law has played an important role in the evolution of International law. There are different ways of approaching and understanding International law, different schools and certain central theoretical questions. This paper tackles theoretical questions within
-
Strategic Litigation as a Framework for the Protection of Indigenous Rights. An Analysis of Some of the Achievements, Difficulties and Challenges Involved The Age of Human Rights Journal Pub Date : 2020-12-15 Asier Martínez de Bringas
This study is structured into two clearly defined sections. Firstly, strategic litigation will be used as a framework to account for the developments and improvements made to indigenous rights as a result of the remarkable international effort to protect indigenous peoples. Some focal points in the production of strategic litigation discourse on indigenous rights and its guarantees will be considered
-
Addressing the Paradox: Counterinsurgency, Human Rights and Women in Northeast Nigeria The Age of Human Rights Journal Pub Date : 2020-12-15 David Ibukun
Counterinsurgency (COIN) operations often result in widespread human rights violations because COIN operations are usually premised on the erroneous assumption of irreconcilable tension between human rights and national security. By reviewing narratives that frame official discourse on counterinsurgency and human rights in Nigeria as well as locating women at the heart of the debate, this essay argues
-
The Right to Food between the Justiciability and the Public Sphere The Age of Human Rights Journal Pub Date : 2020-12-15 Hector Claudio Silveira Gorski
Basic food must be guaranteed by States as a fundamental right of all people. In this article we defend the hypothesis that the path of justiciability is insufficient to achieve full recognition of the right to food as a fundamental social right. A strong and active public sphere is needed to address the obstacles to this recognition today. Some of them are actually related to the inherited legal culture
-
Transforming Human Rights through Decolonial Lens The Age of Human Rights Journal Pub Date : 2020-12-15 Davinia Gómez Sánchez
This article problematizes the Human Rights conceptualization embodied in the International Human Rights Law corpus. It considers human rights as a Western construct rooted in a particular historical context, located in a specific ideological background and grounded in a concrete socio-cognitive system. Thus, in disregard of features of non-dominant cultures, the mainstream human rights grammar became
-
The Right of Assembly in Central Europe The Age of Human Rights Journal Pub Date : 2020-12-15 Petr Černý
The article deals with the legal regulation of the right to freedom of peaceful assembly in Germany, Austria, the Czech Republic and the Slovak Republic with regard to the jurisdiction of the European Court of Human Rights (ECHR). The chosen topics focus on the definition of assembly, the relationship between freedom of expression and property rights together with the right of assembly. In each of
-
Systemic Racism, Police Brutality of Black People, and the Use of Violence in Quelling Peaceful Protests in America The Age of Human Rights Journal Pub Date : 2020-12-15 Williams C. Iheme
The Trump Administration and its mantra to ‘Make America Great Again’ has been calibrated with racism and severe oppression against Black people in America who still bear the deep marks of slavery. After the official abolition of slavery in the second half of the nineteenth century, the initial inability of Black people to own land, coupled with the various Jim Crow laws rendered the acquired freedom
-
The Flotilla Incident from the Perspective of International Law and the Judicial Rights of the Victims The Age of Human Rights Journal Pub Date : 2020-12-15 Ömer Bedir
The Mavi Marmara flotilla, which sailed for a humanitarian mission and aimed to break the Israeli blockade to Gaza, was intercepted by the Israeli soldiers on high sea on 31st May 2010. In this raid, nine civilians have lost their lives on the spot and 55 others were wounded. States and their agents can be held accountable if they commit crimes. Therefore, the Mavi Marmara victims have the right to
-
Emergence of Knowledge Commons, Risks, and Relevance for the Human-Rights Framework The Age of Human Rights Journal Pub Date : 2020-12-15 David Vila Viñas
The study of common-pool resources (CPRs) has become increasingly important in social sciences. CPRs emphasize a more inclusive use and an institutional and normative community-based approach. However, this approach is exposed to access, sustainability, and democracy risks. This paper shows the interest that the rationality of the institutions for the commons can have for the legal sphere and, particularly
-
Legal Culture on Justice and Truth: The Tribunals of Inquiry about Bloody Sunday The Age of Human Rights Journal Pub Date : 2020-12-15 Josefa Dolores Ruiz Resa
Almost 50 years ago, in the events that happened during the so-called Bloody Sunday (Derry 1972, 30th January), 13 Catholic civilians were killed because of the actions of the British army during a civil rights march against internment without trial in Northern Ireland. Other 13 civilians were injured. While the circumstances were unclear, these civilians were considered to be terrorists, which seemed
-
Any Chance for the Enforceability of the Human Right to Subsistence? The Age of Human Rights Journal Pub Date : 2020-12-15 Celia Fernández Aller
It is not true that the idea of the right to subsistence should not give rise to much controversy. In fact, social rights are not considered as fundamental rights by everyone. The aim of this paper is to analyze whether abstract social rights –and the right to subsistence in particular- should be put in constitutions and laws and if judges should be given powers to interpret them. The philosophical
-
Militarization of Public Security and Violation of Human Rights in Mexico (2000-2020) The Age of Human Rights Journal Pub Date : 2020-12-15 Pierre Gaussens,Carolina Jasso González
This article analyses the militarization of public security in Mexico from a human rights perspective to observe the main effects of this policy at the national level in the last twenty years (2000-2020). The methodology used is mixed, combining a quantitative and a qualitative approach. The investigation shows that militarization, far from fighting crime, contributes to general growth in violence
-
Explicative-Existencial Justificacion of Human Rights Analysis of Robert Alexy's Argument in Context of Is-Ought Problem The Age of Human Rights Journal Pub Date : 2020-12-15 Martin Hapla
This paper analyzes Robert Alexy's explicative-existential justification of human rights. According to the author, there are two problems connected with this concept. It cannot establish human rights universally and explain why we should accept them. In the paper, these questions are addressed in the context of the Is-Ought problem. Alexy's approach is compared with other theories that strive for human
-
Legal Philosophy and Cosmopolitan Constitutionalism. Debates on Morality, Unity, and Power The Age of Human Rights Journal Pub Date : 2020-06-15 Constanza Núñez Donald
Cosmopolitan Constitutionalism is a specific proposal in the international legal debate, the goal of which is the application of constitutional principles at the global level to achieve the universal guarantee of human rights. The author proposes that if we want to respond to the question of whether this project is possible and desirable, we need to analyse whether this is a plausible proposal, considering
-
The Flag of Imagination: Peru's New Reform on Legal Capacity for Persons with Intellectual and Psychosocial Disabilities and the Need for New Understandings in Private Law The Age of Human Rights Journal Pub Date : 2020-06-15 Renato Antonio Constantino Caycho
This paper analyzes the recent reform regarding the legal capacity of persons with disabilities in Peru. It provides a domestic legal and judicial context in which the reform was adopted. Following this, the paper aims to analyze the reform’s conformity with article 12 of the Convention on the rights of persons with disabilities, noting that the current regulation is only partially CRPD compliant.
-
Freedom from Nuclear Weapons? IHRL And IHL Perspective vs the State-Centred Approach The Age of Human Rights Journal Pub Date : 2020-06-15 Julia Kapelańska-Pręgowska
23 years after the ICJ’s Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, a general treaty prohibiting the use of nuclear weapons has been adopted. It may be anticipated that the TPNW will probably not enter into force very soon, and when it does, it will neither be universally accepted, nor will it significantly influence thepractice of the nuclear weapon States. It is therefore
-
Human Rights beyond Dichotomy between Cultural Universalism and Relativism The Age of Human Rights Journal Pub Date : 2020-06-15 Edna Raquel Hogemann
The consolidation of relations of global society requires the progressive establishment of a global legal system, consisting of a system of rules - precisely, human rights - as the source and evaluation criteria of positive national rights. This essay aims to contribute to some extent using reflective dialectical methodology, establishing logical- argumentative criteria, based on the dialogue between
-
New Instruments for Human Rights Protection in Globalization The Age of Human Rights Journal Pub Date : 2020-06-15 Ana M. Ovejero Puente
The Ruggie principles have given new impulse to the process of developing and modernizing International Lawthrough the influence of human rights. However, this process has been developed as “soft law” measuresincluded in the corporate social responsibility activities of multinational companies, which academic opiniondeems has lessened the capacity of human rights for transforming international law
-
Myanmar Media: Legacy and Challenges The Age of Human Rights Journal Pub Date : 2020-06-15 Maria Ochwat
For nearly fifty years Myanmar was ruled by a military junta. It did not tolerate any criticism, and severely punished anyone who dared to oppose them. At the same time, it cut the country off from the rest of the world, preventing it from being informed about Burma’s internal situation. The announcement of the changes came when Thein Sein’s first civilian government was formed in 2011. Almost 10 years
-
The Protection of Access to Food for Civilians under International Humanitarian Law: Acts Constituting War Crimes The Age of Human Rights Journal Pub Date : 2020-06-15 Adriana Fillol Mazo
The objective of this paper is to examine the specific provisions, within the framework of International Humanitarian Law (IHL), that protect the human right to food of the civilian population and to observe to what extent the protection of access to food is an issue taken into account by IHL during the development of an armed conflict. Answering these questions requires a detailed analysis of this
-
Blasphemy As A Thick Concept The Age of Human Rights Journal Pub Date : 2020-06-15 Oscar Pérez de la Fuente
Thick concepts have been central in metaethical debates over the last few decades, for instance in the controversy between cognitivism and non-cognitisivism or in the fact/value distinction. They are characterised as world guided, action guiding and community shared. In this paper, thick concepts are used to analyse case law on blasphemy from the European Court of Human Rights. When conducting this
-
Climate Variation-Induced Migration, Land Conflicts, and Security Situation in Nigeria The Age of Human Rights Journal Pub Date : 2020-06-15 Dickson Ogbonnaya Igwe
Climate variation largely impacts migration in with the capacity to worsen conflict and security situations in parts of Africa, Nigeria in particularly, already facing security threats from the activities of sedentary and nomadic pastoral farmer’s interaction. Increasing variations in rainfall patterns significantly impact the migration patterns of vulnerable households and constitute a risk factor
-
Ideological Freedom And Related Legal Wording The Age of Human Rights Journal Pub Date : 2020-06-15 Marc-Abraham Puig Hernández
In practical discourse, we can find out legal wording that is associated with ideological freedom and applied interchangeably: freedom of thought, freedom of conscience and religious freedom. In this essay, our aim consists in determining which the proper use of each expression is. For this purpose, we have observed: how the concept of ideological freedom is established in some legal systems; how it
-
Forced Marriages in Europe: A Form of Gender-Based Violence and Violation of Human Rights The Age of Human Rights Journal Pub Date : 2020-06-15 María Barcons Campmajó
Forced marriages are recognized as a form violating human rights, descriminatiing against women as well as a form of gender-based violence which both women and children suffer. In numerous international treaties and in other supranational documents, this practice is perceived as a violation against people’s dignity and as an attempt against fundamental rights such as freedom and equality. Moreover
-
Escaping the Ivory Tower: Legal Research on Human Rights from a Critical Perspective The Age of Human Rights Journal Pub Date : 2019-12-05 Dolores Morondo Taramundi
This article aims to address some of the criticisms that have been made of human rights research, especially of human rights research conducted by legal scholars. It argues that a conscious and critical approach to the limitations of the 'ivory tower' of legal scholarship on rights is becoming increasingly necessary in a research context marked by the convergence of multiple disciplines, the ever-growing
-
A Step beyond Direct and Indirect Discrimination against Persons with Disability. Methodological Approach to Discrimination from the Intersectional Perspective The Age of Human Rights Journal Pub Date : 2019-12-05 Paola Balanta-Cobo, Andrea Padilla-Muñoz
This article provides a different methodological proposal to disability research grounded in the intersectional perspective since other forms of research, such as the dogmatic perspective of law, have shown limited results in terms of full recognition of people and groups exposed to multiple situations of inequality, specifically in the case of people with disability. We propose a methodological route
-
Knowledge Production Methods in Human Rights Research: Constraints and Opportunities for the Promotion of an Interdisciplinary Approach The Age of Human Rights Journal Pub Date : 2019-12-05 Cristina De la Cruz-Ayuso
This article asks about the current modes of production in human rights research and how they are (or may be) determined by the structures where that knowledge is generated. These questions will be answered by looking at the results of a preliminary study on the reception and subsequent institutionalisation of studies on human rights in stable structures that are dedicated to their research, training
-
Follow the Actors: Ethnographic Keys for Understanding Legal Activism for Criminal Justice Reform in Argentina The Age of Human Rights Journal Pub Date : 2019-12-05 Julieta Mira
This article presents the research backroom about the legal activism in the criminal justice system reform following the ethnographic strategy. In particular, it addresses the “struggle” for “accusatory” criminal procedural reform at the federal level in Argentina since the end of the last dictatorship (1976-1983). Specifically it is about: a) participation in public events as an entree to the field;
-
Testimonies of Victims of Human Rights Violations as Primary Sources in the Reports by United Nations Bodies The Age of Human Rights Journal Pub Date : 2019-12-05 Eloísa González Hidalgo
Victims of crimes, victims of abuse of power and victims of gross and systematic human rights violations have had little relevance to international law. However, since 1985, international human rights law has taken an interest in them and has created four instruments, which establish different notions of victim, as well as a catalogue of rights. Since then, victims have become increasingly prominent
-
Tools, Gaps and False Myths in Comparative Legal Research on Human Rights The Age of Human Rights Journal Pub Date : 2019-12-05 Encarnación La Spina
In recent years, the comparative perspective has become increasingly used as a methodological approach to human rights research in the scientific literature. This paper is not intended to summarise the virtues and shortcomings that can be attributed to comparative legal research in the specific field of human rights. Rather, its aim is to critically reconsider its interdisciplinary role and, in particular
-
IS SEXUAL ASSISTANCE A RIGHT? The Age of Human Rights Journal Pub Date : 2019-06-13 RAFAEL DE ASÍS ROIG
In this paper I will reflect on sexual assistance, and I will discuss the possibility of shaping sexual assistance as a right. The question of whether sexual assistance is a right can have different answers depending on the framework we are in. We could fall within a purely legal framework, an ethical framework, or a combined framework such as the human rights context. From this point onwards, the
-
PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAW The Age of Human Rights Journal Pub Date : 2019-06-13 ALESSANDRO DI ROSA
The first part of this work analyses the concept of hate speech and its legal-philosophical foundations linked to freedom of speech, through the use of tools provided by current trends in the theory of performativity. The second part, in turn, aims to suggest two possible perspectives on the translation of these philosophical demands into positive legislation within human rights law: the first one