item: #1 of 194 id: tahrj-1263 author: Ruiz Ruiz, Ramón title: Introduction date: 2013-12-10 words: 338 flesch: 40 summary: This Journal is edited in the framework of the Research Program “The Age of Rights”, composed of about one hundred researchers belonging to some of the most important human rights research groups, who aim to analyse integrally the reality of human rights in contemporary societies by identifying the main challenges and problems they face today, or may face in the future, and to propose possible solutions leading to the establishment of an international rule of law. We intend that, from the very first issue, the Journal will set an international benchmark in the field of human rights, and will become a meeting place for the discussion of the major challenges rights are facing today. keywords: age; human cache: tahrj-1263.pdf plain text: tahrj-1263.txt item: #2 of 194 id: tahrj-1265 author: Pérez de la Fuente, Oscar title: Deliberative Democracy V. Politics of Identity date: 2013-12-10 words: 6886 flesch: 51 summary: PÉREZ DE LA FUENTE2 Abstract: The defenders of deliberative democracy insist in the idea that for searching political truths is necessary to use values as universality, rationality and fairness. The common approach of deliberative democracy misunderstands the proper role, language, expression and actual interests of the members of the minorities. keywords: argument; deliberation; democracy; identity; minorities; minority; politics; values; young cache: tahrj-1265.pdf plain text: tahrj-1265.txt item: #3 of 194 id: tahrj-1266 author: Akinwale, Akeem Ayofe title: The Freedom of Information Law and Democratization in Nigeria date: 2013-12-10 words: 8051 flesch: 43 summary: The results of this paper suggest the need for national consciousness to ensure protection of press freedom and human rights in the Nigerian democracy. Is the Freedom of Information Law sufficient to ensure protection of press freedom and fundamental human rights in Nigeria? keywords: access; age; democratization; foil; freedom; imagination; information; information law; journal; nigeria; press freedom; public; rights; rights journal cache: tahrj-1266.pdf plain text: tahrj-1266.txt item: #4 of 194 id: tahrj-1267 author: Pérez Luño, Antonio-Enrique title: Natural Law Theory in Spain and Portugal date: 2013-12-10 words: 12136 flesch: 47 summary: The frequently denounced “multivocality and equivocalness” of Natural Law found a firm confirmation through this variety of Natural Law theories, no matter how much diffusion and preponderance one single version may have achieved. Natural Law Theory in Spain and Portugal The Age of Human Rights Journal, 1 (2013) 7 Mendizábal Martín’s disciples, Miguel Sancho Izquierdo (1890-1988) and Enrique Luño Peña (1900-1985), followed the philosophical guidelines established by their Master in the structure of their treatises on Natural Law. keywords: age; antonio; century; coimbra; de la; del; derecho; journal; law; luño; madrid; natural; neo; new; philosophy; portugal; professor; pérez; rights; scholars; spain; spanish; theories; theory; university cache: tahrj-1267.pdf plain text: tahrj-1267.txt item: #5 of 194 id: tahrj-1269 author: De Asís Roig, Rafael title: Ten Guidelines for the Correct Interpretation of Rights date: 2013-12-10 words: 4519 flesch: 53 summary: In what follows, I will provide an account of some of the characteristic dimensions of the interpretation of rights norms. Thus, if we refer to the interpretation of rights norms (human and fundamental) and we examine the type of statements in which these are normally recognized, it may be asserted that these are norms of principle that sit at the highest point in the hierarchy of the legal system. keywords: criteria; decision; interpretation; law; norms; rights cache: tahrj-1269.pdf plain text: tahrj-1269.txt item: #6 of 194 id: tahrj-1270 author: Capodiferro Cubero, Daniel title: The Position of Children´s Freedom of Thought and Religion in the Rulings of the European Court of Human Rights on the Case Lautsi V. Italy date: 2013-12-10 words: 15005 flesch: 44 summary: It is true that, until this judgement, the ECtHR had given a very wide margin of discretion to the States in matters related to religious freedom, but this doctrine, in practice, has not been very useful as protection mechanism (Solar 2011). The main argument of the Grand Chamber to overturn the first instance judgment was (notwithstanding the subsequent more detailed analysis) that the concrete content of the rules on the presence of religious symbols in public schools was a question that falls within the discretion or margin of appreciation enjoyed by each State onward its main obligation to respect the right of parents to ensure the education of their children according to their religious and philosophical convictions8, because of the impossibility to find a common approach to all European countries. keywords: case; children; court; echr; freedom; human; interest; lautsi; parents; public; religion; rights; state; symbol; thought cache: tahrj-1270.pdf plain text: tahrj-1270.txt item: #7 of 194 id: tahrj-1400 author: De Asís Roig, Rafael title: Ethics and Robotics. A First Approach date: 2014-06-20 words: 11380 flesch: 52 summary: Thus, the author examines here the so-called roboethics, its content, the specific fields it addresses –such as social relations and moral agency of robots–, as well as the different approaches and views on these issues. ROBOTICS Robotics is the science and technology of robots. keywords: age; ethics; human; issn; journal; june; machines; moral; new; rights; robotics; robots cache: tahrj-1400.pdf plain text: tahrj-1400.txt item: #8 of 194 id: tahrj-1401 author: Staiano, Sandro title: The Crisis of State Sovereignty and Social Rights date: 2014-06-20 words: 11045 flesch: 37 summary: As a matter of fact, social rights have been understood and performed –within an old tradition of political thought– as proximity rights that cannot be universalized beyond the context of national States; this led to the resistant ideology of the protective function of State borders. Keywords: Nation-State crisis; Social rights; European federalizing process Contents: I. SOVEREIGNTY CRISIS AND EUROPEAN CONSTITUENT PROCESS; II. keywords: age; boundaries; constitution; crisis; european; issn; june; law; market; order; process; protection; rights; rights journal; sovereignty; state; systems; treaty cache: tahrj-1401.pdf plain text: tahrj-1401.txt item: #9 of 194 id: tahrj-1402 author: De Lucas, Javier title: Borders, Violence, Law date: 2014-06-20 words: 2854 flesch: 55 summary: In other words, this is what it is actually being instrumentally used by means of that Law of exception that is Migratory Law (more than it is Immigration Law), which, as warned by Danielle Lochak, opts for the “state of siege” instead of the Rule of Law, thus, turning into permanent what was in fact an exceptional, provisional and extra-ordinary situation as should be a “state of exception”. This idea is further reinforced if we accept the thesis sustained by certain Law philosophers (such as Ballesteros), who maintain that the core of the usefulness of Law lays in its very condition of a barrier against 1 Professor of Philosophy of Law, Institut de Drets Humans, Universitat de València, Spain (lucasfra@uv.es). keywords: asylum; borders; law; policies; rights; violence cache: tahrj-1402.pdf plain text: tahrj-1402.txt item: #10 of 194 id: tahrj-1403 author: Cabanillas Sánchez , Antonio; Zavala, Jorge title: Ethics and Legal Keys to Biomedical Research in Spain date: 2014-06-20 words: 8781 flesch: 51 summary: With regard to embryo research, the fourteen-day term is essential, as was underscored in the United Kingdom in the Warnock Report of 1984. In that regard, the HEPR proposed restrictions on embryo research based on moral considerations. keywords: act; article; cells; embryos; ethics; health; human; journal; june; law; principles; research; rights; stem; trials; use cache: tahrj-1403.pdf plain text: tahrj-1403.txt item: #11 of 194 id: tahrj-1404 author: Celador Angón, Óscar title: Legal Aspects of the Financing of Religious Groups in Spain date: 2014-06-20 words: 8381 flesch: 45 summary: Keywords: financing of religious groups, fiscal neutrality, religious minorities, cooperation agreements between the State and the religious groups. 68-85 ISSN: 2340-9592 69 As an introductory remark, it may be useful to note that the criterion used in this paper for classifying religious groups as majority or minority, depend if the relation between the religious groups and the State are organized by means of especial agreements. keywords: agreements; catholic; church; cooperation; financing; freedom; groups; organizations; rights; spain; state; tax cache: tahrj-1404.pdf plain text: tahrj-1404.txt item: #12 of 194 id: tahrj-1405 author: De Carvalho Hernandez, Matheus title: The Rise of Human Rights Issue in the Post-Cold War World: The Vienna Conference (1993) date: 2014-06-20 words: 11546 flesch: 45 summary: International human rights and democratic sovereignty. 86-108 ISSN: 2340-9592 107 Donnelly, J. (1999), “The social construction of international human rights”, in Dunne, T. and Wheeler, N, Human rights in global politics. keywords: conference; global; human; international; law; ngos; process; rights; rights journal; sovereignty; state; state sovereignty; vienna; vienna conference; war; world cache: tahrj-1405.pdf plain text: tahrj-1405.txt item: #13 of 194 id: tahrj-1406 author: Añón, María José title: The Antidiscrimination Principle and the Determination of Disadvantage date: 2014-06-20 words: 10825 flesch: 40 summary: In this sense, I consider it important to state that the approach that derives from structural discrimination may be understood to be an interpretative standard additional to indirect discrimination. In this sense, the approach based on structural discrimination may be considered an interpretative criterion in support of indirect discrimination, because to understand the meaning or to evaluate, in this case, parental consent, we find reasons of greater weight or that are more justified if the argument proffered by indirect discrimination is bolstered by other supporting reasons that are found in the concept of structural discrimination. keywords: antidiscrimination; case; court; disadvantage; discrimination; equality; european; group; human; issn; journal; june; law; legal; principle; rights; social; treatment cache: tahrj-1406.pdf plain text: tahrj-1406.txt item: #14 of 194 id: tahrj-1407 author: Carballo Armas, Pedro title: Human Rights and Forced Displacement of the Population (a Note about the Difficulties in the Case of Colombia) date: 2014-06-20 words: 4339 flesch: 54 summary: - Restoration projects should enable the formalization of titles or land rights, and the issue should be part of institutional projects. Here are some figures: in recent years Colombia has become one of the countries with the highest figures of displaced population, with 3.6 million people on December 31, 2010, involving approximately 836,000 families (Moro et al., 2011), which have been pushed out of their homes and off their land (Fitzpatrick, 2001). keywords: colombia; communities; conflict; displacement; land; people; population; rights cache: tahrj-1407.pdf plain text: tahrj-1407.txt item: #15 of 194 id: tahrj-2125 author: Moran, Clare Frances title: Human Trafficking and the Rome Statute of the International Criminal Court date: 2014-12-18 words: 7598 flesch: 40 summary: Human trafficking is clearly a violation of both international human rights standards which apply to States and international criminal law, but despite this seemingly obvious gap, the case for extending the reach of the Rome Statute of the International Criminal Court (hereafter, the ‘Rome Statute) in the particularly critical area of human trafficking does not seem to have been made in any great detail as of yet. THE INTENTION TO INCLUDE HUMAN TRAFFICKING WITHIN THE STATUTE The focus of this part to the work is to examine the argued intention to include human trafficking as part of the Rome Statute, viewing it as a form of modern slavery. keywords: article; crime; human; icc; international; jurisdiction; rome statute; state; trafficking cache: tahrj-2125.pdf plain text: tahrj-2125.txt item: #16 of 194 id: tahrj-2126 author: Odomovo, Afeno Super title: Insurgency, Counter-Insurgency and Human Rights Violations in Nigeria date: 2014-12-18 words: 7952 flesch: 22 summary: Sixthly, the essay proposes some policy options for mitigating the security and human rights impacts of JTFs counter-insurgency operations. Insurgents’ activities and counter-insurgency operations of the various JTFs have destroyed entire communities and killed hundreds of Nigerians including innocent civilians. keywords: boko; civilian; counter; forces; human; insurgency; international; jtf; jtfs; military; nigeria; operations; rights; security; state cache: tahrj-2126.pdf plain text: tahrj-2126.txt item: #17 of 194 id: tahrj-2127 author: Bondia García, David title: The Emerging Human Rights Revolution: The Beginning of the Fifth Historical Process in the Consolidation of Human Rights date: 2014-12-18 words: 24913 flesch: 43 summary: Emerging human rights are therefore a renovating discourse because they question, shake up and transform the code of values that we have used up to now, thereby also questioning the concept of human rights that this code of values gave rise to. V.I.The fifth great historical process in the area of human rights: the process of interaction; V.2.The different interactions in the area of human rights; VI.THE DEMAND FOR EMERGING BIOCULTURAL RIGHTS AS AN EXAMPLE; VII.FINAL CONSIDERATIONS; VIII.REFERENCES. keywords: age; area; concept; cultural; december; declaration; democracy; human; interaction; issn; law; needs; order; process; rights; rights journal; rights protection; rights revolution; social; society; state; universal; values; world cache: tahrj-2127.pdf plain text: tahrj-2127.txt item: #18 of 194 id: tahrj-2128 author: Oommen, Gifty title: Privacy as a Human Right and Media Trial in India date: 2014-12-18 words: 10872 flesch: 62 summary: The report stated that Indian Supreme Court holds publication, prejudicial after ‘arrest’ as criminal contempt. Privacy has been defined by Supreme Court in Sharada v. Dharampal as ‘the state of being free from intrusion or disturbance in one’s private life or affairs’. keywords: act; article; case; constitution; court; freedom; human; india; media; press; privacy; public; right; section; state cache: tahrj-2128.pdf plain text: tahrj-2128.txt item: #19 of 194 id: tahrj-2129 author: Ruiz Vieytez, Eduardo J. title: Cultural Diversities and Human Rights: History, Minorities, Pluralization date: 2014-12-18 words: 17172 flesch: 41 summary: Hence, we firstly find those who are regarded as classics or pioneers of minority rights, such as Lerner, Thornberry, Capotorti, Fenet or Yacoub, to EDUARDO J. RUIZ VIEYTEZ The Age of Human Rights Journal, 3 (December 2014) pp. BAUTISTA JIMENEZ, J.M. (1995), “El Convenio Marco para la protección de las Minorías Nacionales: construyendo un sistema europeo de protección de las minorías“, en Revista de instituciones europeas, vol. keywords: age; council; cultural; de las; december; discrimination; diversity; european; framework; human; identity; international; issn; languages; las; law; minorities; minority; minority rights; minorías; pluralization; protection; rights; rights journal; ruiz; state; vieytez cache: tahrj-2129.pdf plain text: tahrj-2129.txt item: #20 of 194 id: tahrj-2311 author: Cheng, Sinkwan title: Translation, Power Hierarchy, and the Globalization of the Concept “Human Rights”: Potential Contributions from Confucianism Missed by the UDHR date: 2015-06-10 words: 17368 flesch: 56 summary: BY THE UDHR 1 SINKWAN CHENG 2 Abstract: This essay strikes new paths for investigating the politics of translation and the (non-) universality of the concept of “human rights” by engaging them in a critical dialogue. Part II explores how human rights, initially a modern Western concept, became more and more universalized as a result of the global reach of Western political and economic power. keywords: age; article; beings; chang; china; chinese; concept; confucian; confucius; conscience; human; humanity; issn; june; malik; new; people; power; ren; rights; rights journal; translation; udhr; universal; western cache: tahrj-2311.pdf plain text: tahrj-2311.txt item: #21 of 194 id: tahrj-2312 author: Cuenca Gómez, Patricia title: Disability and Humans Rights: A Theoretical Analysis date: 2015-06-10 words: 13879 flesch: 43 summary: The review conceived as a consistent extension and reformulation A review of the theory of rights aimed at including people with disabilities requires a consistent application within the context of disability approach of the theory of the rights set forth in the first section. 34-59 ISSN: 2340-9592 34 DISABILITY AND HUMANS RIGHTS: A THEORETICAL ANALYSIS PATRICIA CUENCA GÓMEZ 1 Abstract: Since Enlightenment, theories of justice and, in particular, theories of human rights have been based on principles which are excludable for people with disabilities. keywords: approach; asís; capabilities; disabilities; disability; francis; individuals; justice; life; moral; nussbaum; people; rights; silvers; social; society; theory cache: tahrj-2312.pdf plain text: tahrj-2312.txt item: #22 of 194 id: tahrj-2313 author: Israel Herrera, José title: The Challenge of the Cultural Diversity in Mexico Through the Official Recognition of Legal Pluralism date: 2015-06-10 words: 9938 flesch: 54 summary: Also there is discussion as to its role as a kind of mediator between official law and local, minority or indigenous law. I am dealing with the how local people and or traditional judges are interacting with state law and vice versa. keywords: age; cultural; groups; herrera; journal; june; justice; law; mexico; peoples; pluralism; quintana; recognition; rights; roo; state cache: tahrj-2313.pdf plain text: tahrj-2313.txt item: #23 of 194 id: tahrj-2314 author: Jiménez Sánchez, José J. title: Bentham Was Right. Was He? date: 2015-06-10 words: 5723 flesch: 57 summary: He will maintain that majority rule cannot be justified “by saying that more votes carry a greater total weight than fewer votes”, since the “purely negative assumption that the will of one person should not count more than the will of another does not entail the positive claim that the will of the majority should rule” 26 .The reason which justifies majority rule is that if in a given social order it is not possible for all men to be free, the use of such a rule would at least ensure they were “the greatest possible number”, so “that the number of individual wills that are in conflict with the general 24 H. Kelsen, The Essence and Value of Democracy, ed. However, Rousseau believes that it is feasible to establish the general will through majority rule. keywords: bentham; cit; kelsen; majority; principle; rousseau cache: tahrj-2314.pdf plain text: tahrj-2314.txt item: #24 of 194 id: tahrj-2315 author: Palacios, Agustina title: The Social Model in the International Convention on the Rights of Persons with Disabilities date: 2015-06-10 words: 10322 flesch: 51 summary: DISABILITIES AS A MATTER OF HUMAN RIGHTS Until recently, understanding disabilities as a matter of human rights was not commonly accepted, and social responses towards people with disabilities have varied throughout history, even during the same period of time and culture (Ingstand & 6 It can be considered that the social model was born in England or United States on the late 60s or early 70s of the 20th century. Abstract: Any analysis to be performed regarding disabilities requires a philosophical, sociological and regulatory framework. keywords: basis; convention; de la; derechos; disabilities; disability; discapacidad; human; las; los; madrid; model; palacios; persons; rights; social cache: tahrj-2315.pdf plain text: tahrj-2315.txt item: #25 of 194 id: tahrj-2316 author: Ridao Martín, Joan title: The Right to Secession in the Framework of Liberal Democracies and the Legitimacy of a Unilateral Declaration. The Case of Catalonia date: 2015-06-10 words: 14717 flesch: 41 summary: If nothing else, the vote recount offered a vision of the strong mobilization of the independent vote, with 80.76% of the answers in favour of an independent Catalan State. Besides, since it is not considered within the jurisdiction of international laws, not just any attempt of secession entails an act of self-determination in juridical terms. keywords: case; catalan; constitution; court; declaration; european; independence; june; kosovo; law; new; parliament; process; referendum; right; secession; spanish; state cache: tahrj-2316.pdf plain text: tahrj-2316.txt item: #26 of 194 id: tahrj-2317 author: Riley, Stephen title: The Coherence of Human Rights’ Foundations date: 2015-06-10 words: 9457 flesch: 51 summary: 138-157 ISSN: 2340-9592 138 THE COHERENCE OF HUMAN RIGHTS’ FOUNDATIONS STEPHEN RILEY 1 Abstract: To provide foundations for human rights is to prove coherence between focus (what we are talking about when we talk about human rights) and form (in what way we think human rights have a claim to necessity). On the other, we should admit the intelligibility of strong, moral, foundations for human rights. keywords: focus; foundations; human; journal; law; necessity; oxford; press; rights; university cache: tahrj-2317.pdf plain text: tahrj-2317.txt item: #27 of 194 id: tahrj-2716 author: Aguilar Blancas, Carlos Alberto title: The Protection of Human Rights in the Mexican Republicanism date: 2015-12-18 words: 14399 flesch: 41 summary: Faced with this situation, control conventionality and the diffuse control of constitutionality relate to the obligation of the courts to take into account the rules that human rights granting a greater benefit to the person against rules of secondary nature; as well as the obligation of all the judges of the common law rules that contravene international human rights or provisions of the Constitution, on the grounds that it granted fewer benefits or prevent the exercise of a right is not applied. The reform of 2011 rose to constitutional rank the defence, protection and promotion of human rights, representing an unprecedented historic breakthrough. keywords: age; constitution; december; del; derechos; human; individual; issn; justice; law; mexican; mexico; power; principle; protection; public; reform; respect; rights; rights journal; rule; social; society; state; system cache: tahrj-2716.pdf plain text: tahrj-2716.txt item: #28 of 194 id: tahrj-2717 author: Barranco Avilés, María del Carmen title: Human Rights and Vulnerability. Examples of Sexism and Ageism date: 2015-12-18 words: 10219 flesch: 48 summary: Concept of vulnerability and human rights; I.2 A new paradigm?; II. Concept of vulnerability and human rights The concept of vulnerability is applied in different fields; in each of these fields it assumes partially different senses 2 . keywords: age; children; convention; december; discrimination; human; international; law; persons; rights; rights journal; vulnerability; way; women cache: tahrj-2717.pdf plain text: tahrj-2717.txt item: #29 of 194 id: tahrj-2718 author: Jiménez Sánchez, José J. title: The Nation-State Concept in the Crisis of Democracy in Spain date: 2015-12-18 words: 5168 flesch: 61 summary: I then propose, through Hegel and especially against Fichte, to establish a new concept, able to avoid the shortcomings of the previous one, which would require us to understand differently the relationship between the two elements, State and nation, which compose it. Fichte based his work on the primacy of the concept of nation, while Hegel did so on the State. keywords: concept; hegel; nation; people; spirit; state; universality cache: tahrj-2718.pdf plain text: tahrj-2718.txt item: #30 of 194 id: tahrj-2719 author: Kolcak, Hakan title: A More but not Fully Constructed Arena: A Critical Analysis of the AKP’s Policy toward Kurdish Ethno-Cultural Rights (2002-2014) date: 2015-12-18 words: 12484 flesch: 50 summary: When this university started offering a bachelor degree in Kurdish language and literature in 2010, 20 students enrolled in this programme. The first students who began their education in the 2010-2011 academic session have recently gained their BA in Kurdish language and literature in June 2015. keywords: akp; article; constitution; december; education; ethno; human; issn; journal; kurdish; language; law; minority; policy; rights; rights journal; turkey; turkish; use cache: tahrj-2719.pdf plain text: tahrj-2719.txt item: #31 of 194 id: tahrj-2720 author: Serra, María Laura title: Feminism and Women with Disabilities date: 2015-12-18 words: 8617 flesch: 49 summary: In this vein, Palacios (2012) asserts that there is a common axis which allows for the constant violation of disabled women's rights, arising from the consideration of women with disabilities as weak, asexual and childish -subject to protection-, which at the same time leads to the replacement of their will, or even in previous measures, which prevent women themselves from finding out about their actual will (since exercising one's will is a learning process to which many women with disability have no access).” 98-119 ISSN: 2340-9592 98 FEMINISM AND WOMEN WITH DISABILITIES MARÍA LAURA SERRA 1 Abstract: Women with disabilities are doubly discriminated against and socially excluded: through gender and disability. keywords: age; december; disabilities; disability; discrimination; feminism; gender; issn; journal; madrid; movement; rights; social; women cache: tahrj-2720.pdf plain text: tahrj-2720.txt item: #32 of 194 id: tahrj-2920 author: Angulo López, Geofredo title: The Interpretation of Human Rights according to International Treaties: Notes for their Jurisdictional Application in Mexico date: 2016-06-27 words: 11386 flesch: 40 summary: Furthermore, human rights laws in Mexico include, in accordance with the first paragraph of Article 1 of the Constitution, thereof and those of human rights treaties; in Spain, only those that the Constitution recognizes. In this way we can see a clause of open interpretation with consistency not only with international rights, but also with international precedents, as Eduardo Ferrer Mc- Gregor has said in his definition of consistent interpretation, that international treaties and international precedent make an indivisible binomial. keywords: american; case; constitution; context; court; criteria; de la; derechos; international; interpretation; june; law; legal; rights; rights journal; treaties cache: tahrj-2920.pdf plain text: tahrj-2920.txt item: #33 of 194 id: tahrj-2928 author: Ansuátegui Roig, F. Javier title: Human Rights and Judicial Dialogue between America and Europe: Toward a New Model of Law? date: 2016-06-27 words: 8966 flesch: 49 summary: We have, then, some basic elements that generally allow us to understand the context of the judicial dialogue on rights: deterritorialization of law and rights; universality of rights; relevant position of the judge –not necessarily the state judge– in guaranteeing rights; open nature of rights systems. I think that from the point of view of the Philosophy of Law (or, to be more specific, the Theory of Law) the analysis of judicial dialogue, and particularly dialogue between the IACHR and the ECHR, let us consider some consequences which go beyond the dialogue itself, and which have to do with certain essential questions of Theory of Law. keywords: age; arguments; case; court; dialogue; europe; globalization; issn; journal; june; law; rights; rights journal; state; systems cache: tahrj-2928.pdf plain text: tahrj-2928.txt item: #34 of 194 id: tahrj-2929 author: de Asís Roig, Rafael title: Reasonableness in the Concept of Reasonable Accommodation date: 2016-06-27 words: 8772 flesch: 47 summary: Nonetheless, there may be occasions when measures brought along by universal design might lead to harmful outcomes which could be prejudicial for other rights at stake, thus weakening its legal foundation. Let’s imagine, for instance, that in order to meet universal design standards it is necessary to cause environmental damage or that a blatantly unreasonable cost which causes the non- enforcement of other rights at stake is required. keywords: accessibility; accommodation; adjustment; design; disabilities; measures; persons; principle; reasonableness; rights; universal cache: tahrj-2929.pdf plain text: tahrj-2929.txt item: #35 of 194 id: tahrj-2930 author: Calvo García, Manuel title: The Role of Social Movements in the Recognition of Gender Violence as a Violation of Human Rights: From Legal Reform to the Language of Rights date: 2016-06-27 words: 12469 flesch: 48 summary: The specification of gender violence as a violation of rights The issue of violence against women was first specifically raised in 1980 at the World Conference on the United Nations Decade for Women held in Copenhagen in the context of the struggle against discrimination and the emergence of women rights described above. This would require the active intervention of the women’s movement and of human rights movements in general. keywords: convention; discrimination; gender violence; human; international; june; language; law; life; movement; nations; recognition; rights; rights journal; social; united; violation; women cache: tahrj-2930.pdf plain text: tahrj-2930.txt item: #36 of 194 id: tahrj-2931 author: Martín López, Miguel Ángel title: The Rights of Pastoralist Peoples. A Framework for their Recognition in International Law date: 2016-06-27 words: 12586 flesch: 48 summary: In the first instance, the adoption of a general resolution from the United Nations General Assembly advocating for pastoralist rights could be an enormous revulsive to its recognition in international arena. 36Dafinger A. , Pelican, M., Land rights and the politics of integration: pastoralists strategies in a comparative view, Max Planck Institute for Social Anthropology, Working Paper nº 48, Halle; Traore, problems in pastoral land management related to tenure: policies versus basic practice, managing land tenure and resource access in west Africa, ed. keywords: african; age; case; communities; development; doi; framework; human; international; issn; june; land; law; life; pastoralist; peoples; protection; recognition; rights; rights journal; way cache: tahrj-2931.pdf plain text: tahrj-2931.txt item: #37 of 194 id: tahrj-2932 author: Puzzo, Fernando title: Social Rights in the face of the Crisis. Reflections on the Spanish Case date: 2016-06-27 words: 9658 flesch: 45 summary: Abstract: Spain and many European countries are going through a critical stage that endangers the achievements of civilization and protection of social rights which are the standard of the constitutionalism of the social-democratic systems after the Second World War. Although the Spanish constitutional catalog of social rights is extended and has the nature of constitutional rights, the doctrine stresses that the jurisdictional forms of their protection are not always the appropriate for subjective rights, as they are closer to those of the legitimate interests, since between their prevision and their a legislative and administrative “facere” is needed. keywords: art; authorities; constitution; content; equality; guiding; human; iii; legislature; principles; protection; rights; rights journal; social; spanish; state cache: tahrj-2932.pdf plain text: tahrj-2932.txt item: #38 of 194 id: tahrj-3249 author: Morondo Taramundi, Dolores title: Identity, Belonging and Human Rights: Cultural Cues in Integration Processes. An Introduction date: 2016-12-20 words: 2057 flesch: 35 summary: Magazzini considers issues raised under three accounts: cultural (the problem of reification), socioeconomic (the problem of displacement) and political (the problem of misframing) and gauges the political and economic potential that cultural identity holds in societies where exclusion and poverty are turned into cultural traits. Finally, a third ambiguous theme in the topic of cultural diversity and immigration which is confronted in the essays in this issue is the question of change, spatial and time dimensions of dynamicity which accompany cultural cues in integration processes for transnational communities and for globalised cultural processes of hybridation. keywords: cultural; human; integration; processes; rights cache: tahrj-3249.pdf plain text: tahrj-3249.txt item: #39 of 194 id: tahrj-3250 author: Ruiz Vieytez, Eduardo J. title: Cultural Traits as Defining Elements of Minority Groups date: 2016-12-20 words: 11397 flesch: 50 summary: From a strictly integration perspective concerning minority cultural groups, the legal nationality of their members is not a relevant factor; the cultural differences of both nationals and foreign citizens should be borne in mind in designing integration policies. However, it may be admitted that national membership can contribute to a certain extent to identifying cultural minorities, provided that other cultural traits also come into play. keywords: art; culture; december; elements; ethnic; european; factors; human; identity; integration; language; minorities; minority; religion; rights; traits cache: tahrj-3250.pdf plain text: tahrj-3250.txt item: #40 of 194 id: tahrj-3254 author: López Belloso, María title: Migration and Vulnerability: Challenges, Implications and Difficulties Faced by the Sahrawi Migrant Population date: 2016-12-20 words: 10380 flesch: 51 summary: By looking at the mobility patterns of this group, the first one revolves around the context of Sahrawi migration in Spain. Literature on transnational migration and communities, as well as the work of authors that have addressed the topic of Sahrawi migration, have been carefully reviewed. keywords: age; camps; citizenship; community; group; gómez; identity; journal; migrant; migration; people; population; refugee; rights; sahrawi; sahrawi community; spain; spanish; transnational; vulnerability cache: tahrj-3254.pdf plain text: tahrj-3254.txt item: #41 of 194 id: tahrj-3255 author: Baracsi, Kitti title: The Unmaking of Roma Students: Contributing from a Critical and Engaged Ethnography date: 2016-12-20 words: 9633 flesch: 53 summary: On the other hand, Roma academics claim to transform the status quo of “Roma research” through a fundamental change in power relations and an epistemological turn that involves critical whiteness studies, for instance, and feminist theory18. THE UNMAKING OF ROMA STUDENTS: CONTRIBUTING FROM A CRITICAL AND ENGAGED ETHNOGRAPHY KITTI BARACSI1 Abstract: In this study, the focus is put on the process by which the different educational actors – in this case mostly teachers – produce the image of Roma students and how a critical and engaged ethnography can show how ideas related to Roma culture, identity and integration play a role in the making of Roma students. keywords: activities; actors; age; children; city; context; education; ethnography; journal; research; rights; roma; school; students; teachers cache: tahrj-3255.pdf plain text: tahrj-3255.txt item: #42 of 194 id: tahrj-3256 author: Nikielska-Sekula, Karolina title: The Role of Cultural Heritage in the Creation of a Sense of Belonging among Young Norwegian Turks: Boundary Making and Crossing date: 2016-12-20 words: 11624 flesch: 54 summary: All of these are either common practices of many people in Turkey or have a direct connection with Turkish cultural heritage, transforming the communities into arenas of heritage preservation, recreation and renegotiation. He links his modern self to Turkish cultural heritage to reach the sense of direction and progress (Taylor 1989). keywords: alevi; belonging; december; drammen; heritage; home; journal; norway; norwegian; practices; respondents; rights; sense; society; sunni; turkey; turkish; turks cache: tahrj-3256.pdf plain text: tahrj-3256.txt item: #43 of 194 id: tahrj-3257 author: Paraschivescu, Claudia title: Political Belonging and Fantasies of Inclusion. Romanians in London and Paris date: 2016-12-20 words: 9814 flesch: 51 summary: It is argued that the reasoning behind the application for host country citizenships is represented by the desire to have access to socio-political, legal and economic equal rights, an equality which they perceive as enabling them to be positioned as socio-culturally integrated into the host country. Many respondents saw the acquisition of host country citizenship as a way to mitigate the effects of discrimination, as a pathway to inclusion in the French/British space. keywords: belonging; citizenship; country; cultural; european; french; host; inclusion; integration; journal; london; participants; passport; rights; romanians; social cache: tahrj-3257.pdf plain text: tahrj-3257.txt item: #44 of 194 id: tahrj-3259 author: Magazzini, Tina title: Cultural Institutions as a Combat Sport. Reflections on the European Roma Institute date: 2016-12-20 words: 13290 flesch: 52 summary: I hope that over time it will become a source of pride and self-esteem for our European Roma citizens” (Council of Europe, 2015). A top-down imposition of a standard culture would deny the rich pluralism of genuine Roma traditions” (European Roma and Travellers Forum, 2015, p. 2). keywords: age; commission; council; cultural; culture; december; doi; eri; european; european commission; european roma; human; identity; institute; issn; journal; minority; rights; roma; roma institute cache: tahrj-3259.pdf plain text: tahrj-3259.txt item: #45 of 194 id: tahrj-3459 author: De Asís Roig, Rafael; Barranco Avilés, María del Carmen; Cuenca Gómez, Patricia; Rodríguez del Pozo, Pablo ; Al Ali, Khalid title: The Impact of the International Convention on the Rights of Persons with Disabilities on Qatari Domestic Legislation date: 2017-06-16 words: 8489 flesch: 40 summary: To this end, we will focus on the two requirements most relevant to the development of disability rights in Qatar, in the order they appear in the CRPD: universal accessibility and universal legal capacity. 17 UN CRPD, Concluding Observations, Paragraph 7. 18 UN CRPD, Concluding Observations, Paragraph 12. “The Disabilities Convention: human rights of persons with disabilities or disability rights?”, Human Rights Quartely, no. 30, 2008, pp. keywords: accessibility; capacity; convention; crpd; disabilities; disability; human; international; legislation; model; persons; qatar; rights; social; universal cache: tahrj-3459.pdf plain text: tahrj-3459.txt item: #46 of 194 id: tahrj-3460 author: Demir, Ebru title: The Right to Internal Self-Determination in Peacebuilding Processes: A Reinterpretation of the Concept of Local Ownership from a Legal Perspective date: 2017-06-16 words: 15987 flesch: 54 summary: Third, the Supreme Court not only took into account the rights of individuals, it also paid attention to group rights. UN Report of the Panel on UN Peace Operations UN Doc A/55/305–S/2000/809 (21 August 2000). keywords: actors; concept; conflict; congo; determination; doi; groups; human; international; ownership; peacebuilding; peoples; process; right; self cache: tahrj-3460.pdf plain text: tahrj-3460.txt item: #47 of 194 id: tahrj-3461 author: García Cívico, Jesús title: Two-Lane Blacktop: Refugees & Torture date: 2017-06-16 words: 9614 flesch: 49 summary: SYNTHESIS AND RECAPITULATION Firstly, we linked the raison d'être of human rights of asylum and the right of not suffering torture, inhuman and degrading treatment with its common nature but also with its current global crisis situation, both are not two simple rights but, installed in the same nucleus of human rights declarations and covenants, they exemplified very well the spirit that accompanied the first phase of the history of human rights. At the same time, if the real danger of torture or escape from it is today one of the most worrying causes of the ungrateful, dangerous and obstacle-free refugees seeking asylum in Europe, another scandal dereives from the most basic abuses and violations of human rights in this quest for refuge, from torture itself: from the terrible case of Eritrean refugees on their journey through Africa to the thousands of dead people in the Mediterranean Sea. keywords: amnesty; asylum; countries; country; crisis; human; international; journal; june; people; refugees; rights; rights journal; torture; treatment cache: tahrj-3461.pdf plain text: tahrj-3461.txt item: #48 of 194 id: tahrj-3462 author: Gómez Isa, Felipe title: The Decision by the Inter-American Court of Human Rights on the Awas Tingni vs. Nicaragua Case (2001): The Implementation Gap date: 2017-06-16 words: 13981 flesch: 54 summary: This is one of the most innovative aspects of the ruling of the Inter-American Court of Human Rights in the Awas Tingni case, as it recognised that the interpretation of the right to property recognised in Article 21 of the American Convention on Human Rights should include the communal forms of property present in indigenous communities. As stated in the Court’s judgment, the State must, “adopt the legislative, administrative, and any other measures required to create an effective mechanism for delimitation, demarcation, and titling of the property of indigenous communities, in accordance with their customary law, values, customs and mores” (Inter-American Court of Human Rights, 2001: para. 164). keywords: american; awas; awas tingni; case; communities; community; court; demarcation; human; implementation; inter; law; nicaragua; peoples; process; rights; rights journal; territory; tingni; tingni community; title; titling cache: tahrj-3462.pdf plain text: tahrj-3462.txt item: #49 of 194 id: tahrj-3463 author: Janampa Almora, Juan José title: Reasons for the Construction of a Legal Theory of Social Rights as Fundamental Rights date: 2017-06-16 words: 17184 flesch: 41 summary: Social rights are expensive and dependent on the economic capacity of the state (social rights are not fundamental rights); III.3. 92-125 ISSN: 2340-9592 DOI: 10.17561/tahrj.n8.5 104 REASONS FOR THE CONSTRUCTION OF A LEGAL THEORY OF SOCIAL RIGHTS AS FUNDAMENTAL RIGHTS In conclusion, the factual conditionality of social rights, as indicated by a sector of the legal literature, notes subordination to economic cost, i.e. the will of economic funding that the State provides for their protection. keywords: age; character; constitution; content; derechos; difference; doi; human; issn; june; law; means; obligations; protection; reasons; rights; rights journal; social; state; tahrj.n8.5; theory cache: tahrj-3463.pdf plain text: tahrj-3463.txt item: #50 of 194 id: tahrj-3464 author: Palomares Herrera, Manuel title: Consolidation of Arguments in favor of the Right of Access to Public Information as a Fundamental Right date: 2017-06-16 words: 7077 flesch: 47 summary: The Spanish constitutional model establishes fundamental rights (arts. 81.1 CE: “Organic laws are those relating to the development of fundamental rights and public freedoms, those which approve the Statutes of Autonomy and the general electoral system and other provisions in the Constitution”. keywords: access; art; defense; derecho; fundamental; information; journal; law; public; right cache: tahrj-3464.pdf plain text: tahrj-3464.txt item: #51 of 194 id: tahrj-3694 author: Rodríguez del Pozo, Pablo; Barranco Avilés, María del Carmen; Al Ali, Khalid; De Asís Roig, Rafael title: Implementing the international convention on the rights of persons with disabilities in Qatar: from charity to human rights date: 2017-12-05 words: 8587 flesch: 44 summary: The disabilities convention: Human rights of persons with disabilities or disability rights? Disability human rights. keywords: convention; crpd; disabilities; disability; human; international; law; model; persons; qatar; rights; rights journal; social cache: tahrj-3694.pdf plain text: tahrj-3694.txt item: #52 of 194 id: tahrj-3695 author: Rodríguez del Pozo, Pablo; Barranco Avilés, María del Carmen; Cuenca Gómez, Patricia; Al Ali, Khalid; Ansuátegui Roib, Javier; De Asís Roig, Rafael title: The convention on the rights of persons with disabilities (CRPD) and Qatar's domestic legislation: the potential impact on the main legal domains date: 2017-12-05 words: 15299 flesch: 41 summary: 22 The 2015 Annual Report of the National Human Rights Committee on the Situation of Human Rights in the State of Qatar and the Committee Activities, p. 73 and p. 55, said that “mental disability constitutes the main challenge, as this group is facing the social exclusion” and included some specific observations about mental patient conditions. Before the approval of this Law there was a lack of general regulation on forced institutionalization of persons with mental disabilities but this practice seemed exist. keywords: age; article; committee; crpd; disabilities; disability; health; human; law; legislation; medical; model; persons; qatar; rights; rights journal cache: tahrj-3695.pdf plain text: tahrj-3695.txt item: #53 of 194 id: tahrj-3696 author: Barranco Avilés, María del Carmen; Al Ali, Khalid; Cuenca Gómez, Patricia; De Asís Roig, Rafael ; Rodríguez del Pozo, Pablo title: Interdependence, indivisibility and the social rights of persons with disabilities in the law of Qatar date: 2017-12-05 words: 16314 flesch: 41 summary: This is quite relevant in regarding social rights, because social protection from the technocratic point of view doesn’t mean recognition of economic, social and political rights, as we will test in the case of Qatar. Not everybody agrees with this and, in fact, social rights tend to have less efficacy in protection systems than civil and political rights. keywords: age; article; crpd; disabilities; disability; education; health; human; law; medical; model; needs; persons; qatar; rights; rights journal; social cache: tahrj-3696.pdf plain text: tahrj-3696.txt item: #54 of 194 id: tahrj-3697 author: Cuenca Gómez, Patricia; Barranco Avilés, María del Carmen; Serra, María Laura; Ansuátegui Roig, Javier; Rodríguez del Pozo, Pablo title: The impact of article 12 of the convention on the rights of persons with disabilities on Qatar´s private law date: 2017-12-05 words: 13105 flesch: 42 summary: According to the CRPD Committee, the traditional approach “of denying persons with disabilities legal capacity for financial matters must be replaced with support to exercise legal capacity, in accordance with Article 12, paragraph 3” (CRPD Committee, 2014: para. 23). In any event, and of further concern, is that in Qatar legal capacity is a prerequisite to becoming a party in judicial proceedings40 so incapacitated persons cannot claim the recovery of their legal capacity for themselves. keywords: age; article; capacity; committee; crpd; crpd committee; disabilities; disability; human; journal; law; persons; qatar; rights; rights journal cache: tahrj-3697.pdf plain text: tahrj-3697.txt item: #55 of 194 id: tahrj-3698 author: Serra, María Laura; Barranco Avilés, María del Carmen ; Cuenca Gómez, Patricia; De Asís Roig, Rafael ; Rodríguez del Pozo, Pablo title: The legal recognition of the human rights situation of women with disabilities in the state of Qatar date: 2017-12-05 words: 5336 flesch: 43 summary: The Ministerial Declaration of July 2010 of the Economic and Social Council (ECOSOC) recognizes disability as a cross-cutting issue essential for the attainment of the MDGs, emphasizing the need to ensure that women and girls with disabilities are not subject to multiple or aggravated forms of discrimination, or excluded from participation in the implementation of the MDGs. The Convention on the Rights of Persons with Disabilities (CRPD) uses a twin- track approach with regards to the protection of human rights for certain social groups in vulnerable situations, such as children (Article 7) and women (Article 6), but it also refers to all persons with disabilities facing situations of risk, including armed conflict, humanitarian emergencies, and natural disasters (Article 11). keywords: article; crpd; disabilities; disability; discrimination; qatar; rights; women cache: tahrj-3698.pdf plain text: tahrj-3698.txt item: #56 of 194 id: tahrj-3699 author: Campoy Cervera, Ignacio title: Legal analysis of article 7 of the convention on the rights of persons with disabilities: children with disabilities date: 2017-12-05 words: 16210 flesch: 49 summary: [online] available at: http://www.un.org/esa/socdev/enable/rights/adhoccom.htm. UNITED NATIONS COMMITTEES DOCUMENTS United Nations Committee on the Rights of the Child, “General Comment No 7 Implementing child rights in early childhood” (20 September 2006) CRC/C/GC/7/Rev.1. Child interests dictate that the child’s ties with its family must be maintained, except in cases where the family has proved particularly unfit. keywords: age; article; children; comment; committee; convention; crc; crpd; disabilities; interests; persons; rights; rights journal; states cache: tahrj-3699.pdf plain text: tahrj-3699.txt item: #57 of 194 id: tahrj-4016 author: Hapla, Martin title: Theory of Needs as Justification of Human Rights: Current Approaches and Problems of Uncertainty and Normativeness date: 2018-06-18 words: 12395 flesch: 67 summary: For example, Michael Neumann perceives the theory of needs even as a possible third path – an alternative to utilitarianism and right theories (Neumann, 1992: 354); an insight that may correspond with a more general attitude that supports the notion that human needs formulate the ontological foundation for the values protected by the legal order (Zetterbaum, 1977: 989). Such a consensus forms a wider shared understanding of human needs and their disruption. keywords: concept; human; journal; justification; life; miller; needs; people; renzo; rights; theory; waldron cache: tahrj-4016.pdf plain text: tahrj-4016.txt item: #58 of 194 id: tahrj-4017 author: Israel Herrera, José title: Implementation and Practice of Indigenous Rights: The Case of the Mayan Group of the State of Quintana Roo date: 2018-06-18 words: 8679 flesch: 60 summary: –––––––––(2008) Cambios constitucionales en materia indígena en la Península de Yucatán: El caso de los jueces tradicionales mayas de Quintana Roo. Etnografía de los mayas de Quintana Roo. keywords: case; journal; judges; june; justice; law; legal; mayan; quintana; quintana roo; rights; roo; state; system; traditional cache: tahrj-4017.pdf plain text: tahrj-4017.txt item: #59 of 194 id: tahrj-4018 author: Munuera Gómez, M. Pilar; Blanco Larrieux, M. Elena title: Legal Protection of the Rights of Older Persons against Ageism date: 2018-06-18 words: 10128 flesch: 56 summary: This situation has generated social and legal vulnerability and therefore calls for the response of institutions to address the recognition of older persons rights. The rights of older persons are acknowledged to a certain degree but have not yet been developed into an integral system like the rights of other groups, for instance the handicapped, have. keywords: age; ageism; attention; care; doi; health; human; issn; june; law; legal; persons; protection; rights; rights journal; social; tahrj.n10.3 cache: tahrj-4018.pdf plain text: tahrj-4018.txt item: #60 of 194 id: tahrj-4019 author: Oommen, Gifty title: Journalism: New Trends and its Impact on Right to Privacy. Comparative Analysis with Special Reference to India date: 2018-06-18 words: 11904 flesch: 65 summary: This is what is happening in the sphere of media freedom. To day media freedom cannot be mistaken for a world without secrets. keywords: act; age; case; court; doi; freedom; human; india; information; issn; journalism; june; law; media; news; people; press; privacy; process; public; right; time; trial cache: tahrj-4019.pdf plain text: tahrj-4019.txt item: #61 of 194 id: tahrj-4020 author: Pérez de la Fuente, Oscar title: Reasonable Accommodation Based on Religious Beliefs or Practices. A Comparative Perspective between the American, Canadian and European Approaches date: 2018-06-18 words: 16927 flesch: 52 summary: These ECtHR cases of recognition of a different treatment for those different could be considered reasonable accommodation cases. Although McCrudden’s statement was not extreme, in reasonable accommodation case law it could be argued that the American Supreme Court has been based on an accomodationist approach and the European Court of Human Rights has been focused on a separationist approach. keywords: accommodation; age; american; approach; beliefs; case; court; discrimination; doi; ecthr; equality; european; human; issn; journal; june; law; practices; religion; rights; rights journal; state cache: tahrj-4020.pdf plain text: tahrj-4020.txt item: #62 of 194 id: tahrj-4021 author: Prieto, Jaime; Paramio-Salcines, Juan L. title: The United Nations Convention on the Rights of Persons with Disabilities and its Effects on the Promotion of Elite Disability Sport: A Worldwide Analysis date: 2018-06-18 words: 9478 flesch: 39 summary: Keywords: United Nations’ Convention on the Rights of Persons with Disabilities; human rights; people with disabilities; disability sport; elite disability sport; International Paralympic Committee. This figure represents an emerging challenge for policy makers, academics, managers and other stakeholders involved in disability sport around the world as the percentage of this growing global segment of population will continue to increase in the coming five decades (Eurostat 2015; keywords: athletes; countries; disabilities; disability; disability sport; doi; human; international; ipc; level; paralympic; participation; rights; sport; uncrpd cache: tahrj-4021.pdf plain text: tahrj-4021.txt item: #63 of 194 id: tahrj-4022 author: Rosca, Mariana title: From Exclusivism to Pluralism: A Reflection on European Religious Minorities date: 2018-06-18 words: 10335 flesch: 48 summary: A REFLECTION ON EUROPEAN RELIGIOUS MINORITIES The Age of Human Rights Journal, 10 (June 2018) Today, the terrifying terrorist attacks that keep on taking place in Europe place a new emphasis on the faith issues of religious minorities. keywords: accommodation; approach; cultural; diversity; doi; european; exclusivism; human; islam; journal; minorities; new; pluralism; policy; public; religion; rights cache: tahrj-4022.pdf plain text: tahrj-4022.txt item: #64 of 194 id: tahrj-4523 author: Solanes Corella, Ángeles title: The Political, Legal and Moral Scope of the Universal Declaration of Human Rights: Pending Issues date: 2018-12-19 words: 12294 flesch: 40 summary: Subsequently, international human rights law was developed, consolidating this process started with the Declaration that can be considered as humanization and internationalization of international law, affecting those that can be considered as the three aspects of international protection of the rights of human beings: human rights, humanitarian law and refugee law (Cançado Trindade, Peytrignet and Ruiz de Santiago, 2003). PENDING ISSUES* ÁNGELES SOLANES CORELLA1 Abstract: With the adoption of the Universal Declaration of Human Rights, a new era began in the recognition and guarantee of human rights in the international area. keywords: december; declaration; derechos; dignity; human; humanos; international; issn; law; nations; rights; rights journal; states; udhr; united; universal; universality cache: tahrj-4523.pdf plain text: tahrj-4523.txt item: #65 of 194 id: tahrj-4524 author: Dalli, Maria title: The Human Right to Health: A Retrospective Analysis after 70 Years of International Recognition date: 2018-12-19 words: 9626 flesch: 48 summary: Keywords: right to health, United Nations, human rights obligations, Universal Health Coverage, individual complaints. However, it is worth mentioning three relevant precedents in the process of formulating the types of human rights obligations. keywords: access; article; care; cescr; december; general; health; health services; human; obligations; right; services; social; states cache: tahrj-4524.pdf plain text: tahrj-4524.txt item: #66 of 194 id: tahrj-4525 author: Aguiar Ribeiro Do Nascimento, Germana title: The Long Road to the International Recognition of Economic and Social Rights: The Right to an Adequate Standard of Living date: 2018-12-19 words: 9592 flesch: 56 summary: Glendon, Mary Ann (2003): “Forgotten Crucible: The Latin American Influence on the Universal Human Rights idea”, 16 Harvard Human Rights Journal. The fact that most of the articles of the Universal Declaration of Human Rights refer to civil and political rights corroborates these difficulties. keywords: commission; council; declaration; human; international; living; nations; rights; social; standard; united; united nations cache: tahrj-4525.pdf plain text: tahrj-4525.txt item: #67 of 194 id: tahrj-4526 author: Sancha Díez, José Pablo title: Article 25.2 of Spanish Constitution: A fFundamental Right of Prisoners? date: 2018-12-19 words: 15198 flesch: 44 summary: Since these realities of prison treatment are undeniable, perhaps the obstacles are found more in the social mentality or in the behavior of the inmate than in the re-socializing end itself” (MARTÍN DIZ 2002:29). MUÑOZ CONDE (et al 1989: 159) recognizes: “that one can not be optimistic about the future of prison treatment. keywords: age; article; constitution; december; doi; freedom; issn; journal; law; penal; penitentiary; prisoner; purpose; reeducation; reintegration; rights; social; socialization; tahrj.n11.4; treatment cache: tahrj-4526.pdf plain text: tahrj-4526.txt item: #68 of 194 id: tahrj-4527 author: Mattimalla, Suryaraju title: Compatibility of Death Penalty with the Purpose of Criminal Punishment in Ethiopia date: 2018-12-19 words: 8559 flesch: 50 summary: 91-107 ISSN: 2340-9592 DOI: 10.17561/tahrj.n11.5 91 COMPATIBILITY OF DEATH PENALTY WITH THE PURPOSE OF CRIMINAL PUNISHMENT IN ETHIOPIA SURYARAJU MATTIMALLA1 Abstract: The main target of this paper will be to discuss the compatibility and the necessity of the death penalty in Ethiopia with respect to Human Rights. The practice of death penalty in Ethiopia; II.6. History of death penalty in Ethiopia; II.7. keywords: capital; code; crime; criminal; death penalty; deterrence; ethiopia; general; law; punishment; purpose; rights cache: tahrj-4527.pdf plain text: tahrj-4527.txt item: #69 of 194 id: tahrj-4528 author: Ozdan, Selman title: A Critique of the Demise of Heads of State Immunity in the Age of Human Rights date: 2018-12-19 words: 10360 flesch: 43 summary: However, this authoritative principle of international law becomes contentious in cases involving the violation of human rights recognised as peremptory norms, most strongly represented by the growth of international human rights law and the establishment of international tribunals and courts determined to end impunity for violations of those human rights, irrespective of the perpetrators’ official position.1 Increasing concern for international human rights and greater international support for abolishing impunity for violators of those human rights have led the international community to question the boundaries of Head of State immunity. 108-127 ISSN: 2340-9592 DOI: 10.17561/tahrj.n11.6 109 There were great expectations that international law would evolve in favour of international human rights after the Second World War. keywords: court; criminal; head; human; immunity; international; law; republic; rights; rights journal; state; state immunity; violations cache: tahrj-4528.pdf plain text: tahrj-4528.txt item: #70 of 194 id: tahrj-4805 author: Rey Pérez, José Luis title: Basic Income and the Rights of Persons with Disabilities date: 2019-06-13 words: 6492 flesch: 53 summary: As it is well known, the well renowned work by Philippe Van Parijs, Real Freedom for All (1995) is considered a libertarian egalitarian normative justification of universal basic income. In his more recent works, Van Parijs has not repeated this scheme focusing mainly on the political and economical viability of universal basic income (Van Parijs &Vanderborght, 2017) but, in my opinion, from a theory of rights and justice, this point is fundamental to be able to accept or reject something like universal basic income. keywords: disabilities; income; parijs; people; persons; recognition; rights; social; universal; van cache: tahrj-4805.pdf plain text: tahrj-4805.txt item: #71 of 194 id: tahrj-4806 author: Di Landro, Andrea title: Medical Malpractice as a Tort in the U.S., as a Crime in Italy: Factors, Causes, Paths and Outcomes date: 2019-06-13 words: 11665 flesch: 49 summary: Indeed, tort law more easily can meet compensatory claims, due to the lower probative standard required, the preponderance of evidence, rather than the beyond any reasonable doubt standard, required in criminal law. In the context of criminal law, the first function of mental states (mens rea), with particular reference to negligence, is indeed to distinguish criminal and non-criminal conduct4. keywords: american; cit; crime; criminal; diritto; italy; june; law; legal; malpractice; negligence; new; paper; penale; protection; rights; state; system; tort; u.s cache: tahrj-4806.pdf plain text: tahrj-4806.txt item: #72 of 194 id: tahrj-4807 author: Boulos, Sonia title: Towards Reconstructing the Meaning of Inhuman Treatment or Punishment: a Human Capability Approach date: 2019-06-13 words: 12936 flesch: 54 summary: In what way does inhuman treatment harm human capabilities? The notion of human capabilities was first introduced by Amartya Sen, who provided its framework largely in the 1980s and 1990s.123F124 The capability approach initially emerged in the field of development. keywords: approach; article; capabilities; convention; degrading; human; inhuman; journal; june; law; meaning; note; nussbaum; para; rights; supra; torture; treatment cache: tahrj-4807.pdf plain text: tahrj-4807.txt item: #73 of 194 id: tahrj-4808 author: Israel Herrera, José title: Free, Prior and Informed Consent (FPIC) in Mexico: Elements for its Construction and Challenges date: 2019-06-13 words: 9647 flesch: 43 summary: Protocol for the implementation of consultation to indigenous peoples and communities in accordance with the standards of the Convention 169 of the international of Labour Organization on indigenous tribal peoples and in independent countries. On this the National Commission on human rights indicates that In accordance with the provisions of the former Rapporteur special of the villages indigenous of the UN Rodolfo Stavenhagen, the approach to human rights within the framework of the development of indigenous peoples, implies the respect of certain principles, such as: their recognition as subjects of law and not as objects of public policies; participation and empowerment; 5 De la Peña says that in 1989 The International Labour Organization published the Convention 169. keywords: communities; consultation; consultation date; convention; date; development; fpic; free; human; international; mexico; peoples; rights cache: tahrj-4808.pdf plain text: tahrj-4808.txt item: #74 of 194 id: tahrj-4809 author: López Espadafor, Carlos María title: Extra-Taxation and Property Right in the European Union Law date: 2019-06-13 words: 11175 flesch: 50 summary: So we have to check if this kind of taxation is against tax justice principles. 4 An important benchmark about Comparative Law of tax justice principles could be the German Law. keywords: european union; human; law; principles; property; rights; states; tax; tax justice; tax law; tax system; taxation; taxes; union law cache: tahrj-4809.pdf plain text: tahrj-4809.txt item: #75 of 194 id: tahrj-4810 author: Di Rosa, Alessandro title: Performative Hate Speech Acts. Perlocutionary and Illocutionary Understandings in International Human Rights Law date: 2019-06-13 words: 14138 flesch: 56 summary: However, one might analyse them as different features of language on which different stances on hate speech can be taken – this will be shown in the following interpreta... After Austin, John Searle claimed that speech acts theory must only focus on illocutionary acts (Searle 2001, 221; see Searle 1965, 221-239; Rabossi 1972; Sbisà 2013, 39-40), which makes it possible to say that in his view the performative is reduced ... ALESSANDRO DI ROSA1 Abstract: The first part of this work analyses the concept of hate speech and its legal-philosophical foun- dations linked to freedom of speech, through the use of tools provided by current trends in the theory of performativity. keywords: action; acts; distinction; expression; freedom; harm; hate speech; human; illocutionary; journal; law; liberal; non; oxford; perlocutionary; press; rights; speech; speech acts; theory; university cache: tahrj-4810.pdf plain text: tahrj-4810.txt item: #76 of 194 id: tahrj-4811 author: De Asís Roig, Rafael title: Is Sexual Assistance a Right? date: 2019-06-13 words: 7358 flesch: 49 summary: It can also fall within sexual rights or within the right to choose a way of life (given the connection between the Instrumental Activities of Daily Living and this right).25 Accordingly, we could refer to sexual assistance as a right. It can also fall within sexual rights or within the right to choose a way of life. keywords: activities; activity; assistance; derechos; disabilities; human; persons; rights; sexual; support cache: tahrj-4811.pdf plain text: tahrj-4811.txt item: #77 of 194 id: tahrj-4812 author: Selimi, Behar title: Minority Veto Rights in Kosovo’s Democracy date: 2019-06-13 words: 4948 flesch: 46 summary: It is worth adding to the fact that the first amendment to the Kosovo Constitution strengthens the position of non-majority communities, participation in public life and decision-making, allowing for measures or actions of affirmative politics (Kosovo Assambly, 2012). Fortunately, the traditional sensibility of the Albanian majority to non-majority communities in Kosovo has greatly influenced the veto on minority issues of vital interest to be accepted without any opposition, not only by the political representatives of the Albanian majority but also by ordinary citizens. keywords: communities; constitution; democracy; kosovo; majority; minority; rights; veto cache: tahrj-4812.pdf plain text: tahrj-4812.txt item: #78 of 194 id: tahrj-4813 author: Angulo López, Geofredo title: Femicide and Gender Violence in Mexico: Elements for a Systemic Approach date: 2019-06-13 words: 13281 flesch: 44 summary: Available in: https://www.unodc.org/wdr2017/field/WDR_Booklet1_Exsum_Spanish.pdf COURT CASES AT THE INTERAMERICAN COURT OF HUMAN RIGHTS Court IDH, (2018): Case Women victims of sexual torture in Atenco v. Mexico Court IDH, (2018) Case of López Soto and others v. Venezuela. Recently the Inter-American Court of Human Rights, on December 21st of 2018 notified conviction for the Mexican State for the case Women victims of sexual torture in Atenco Vs. Mexico, in which the internationally convicted State for accounts of physical and psychological violence, sexual torture exercised against 11 women during their detention and their following transportation to a Social Re- Adaptation Center during the days 3 and 4 of May 2006. keywords: age; american; case; context; court; crime; criminal; discrimination; doi; elements; femicide; gender; gender violence; issn; journal; june; mexico; rights; social; state; tahrj.n12.9; torture; victim; violence; women cache: tahrj-4813.pdf plain text: tahrj-4813.txt item: #79 of 194 id: tahrj-4814 author: Arcos Ramírez, Federico title: The Challenge of Ethical-Cultural Pluralism to the Universality of Human Rights date: 2019-06-13 words: 12168 flesch: 44 summary: One of the keys to such tolerance would be that non-liberal decent societies also respect human rights, although not all those that derive from the two principles of justice as equity, but those that do so from the most abstract and restricted version of those principles that express 48 PILS, E., Human rights in China: a social practice in the shadow of authoritarianism, Cambridge, Polity Press, 2018. 50 LUKES, S., «Five fables about human rights” in S. SHUTE and S. HURLEY (eds), Human rights. keywords: age; cultural; human; individual; international; law; moral; pluralism; press; relativism; rights; rights journal; social; society; universality; values cache: tahrj-4814.pdf plain text: tahrj-4814.txt item: #80 of 194 id: tahrj-5124 author: Mira, Julieta title: Follow the Actors: Ethnographic Keys for Understanding Legal Activism for Criminal Justice Reform in Argentina date: 2019-12-05 words: 6159 flesch: 48 summary: My research seeks to understand legal activism to pursue justice reform and the enormous efforts carried out by legal professionals in Argentina, concerning the reform of the Federal Criminal Procedural Code used to try federal crimes. Activism, politics and legal expertise in the process of criminal justice reform in Argentina), supervised by Prof. Dr. Virginia Vecchioli (Mira, 2017). keywords: activism; argentina; events; field; justice; justice reform; law; reform; research; rights; sciences; social; world cache: tahrj-5124.pdf plain text: tahrj-5124.txt item: #81 of 194 id: tahrj-5126 author: Balanta-Cobo, Paola ; Padilla-Muñoz, Andrea title: A Step beyond Direct and Indirect Discrimination against Persons with Disability. Methodological Approach to Discrimination from the Intersectional Perspective date: 2019-12-05 words: 11148 flesch: 28 summary: Findings on asymmetric relationships and traditional or heteronormative practices The report considers the importance of transcending traditional approaches, focused on disease, on the presumption of disability, or on third parties making decisions, replacing or silencing person with disability voices. Finally, emerging intersections were identified related to the support provided exclusively by families that perpetuate stereotypes, which is consolidated from the deconstruction of inequality axes: 1) the level of dependence of both family members and the person with disability, 2) the limited capacity to make decisions regarding the type of support required, 3) dysfunctional social relations, 4) low income level. keywords: analysis; approach; axes; disability; discrimination; inequality; journal; particular; people; perspective; rights; situations; social; way cache: tahrj-5126.pdf plain text: tahrj-5126.txt item: #82 of 194 id: tahrj-5127 author: Morondo Taramundi, Dolores title: Escaping the Ivory Tower: Legal Research on Human Rights from a Critical Perspective date: 2019-12-05 words: 10164 flesch: 45 summary: Keywords: legal method, legal research, interdisciplinarity, intersectoriality, activism, critical theory, human rights theory Contents: I.THE 'IVORY TOWER': CRITICISM OF THE LIMITS OF LEGAL SCHOLARSHIP ON HUMAN RIGHTS; I.1.Criticism of the lack of methodological rigour in a technical sense; I.2.Criticism of the lack of methodological rigour in a subjective sense; I.3.Separating the wheat from the chaff in the criticism of (the methodology used by) human rights legal research; II.THE NEW WORK CONTEXT FOR HUMAN RIGHTS LEGAL SCHOLARSHIP ; II.1.The contestation of human rights; II.2.The complexity of human rights law; III.THE ESCAPE ROUTES FROM THE IVORY TOWER: Separating the wheat from the chaff in the criticism of (the methodology used by) human rights legal research The criticism of a lack of methodological rigour in human rights legal research related to both technical and subjective aspects is not unproblematic. keywords: age; criticism; doctrine; human; ivory; journal; knowledge; law; new; research; rights; rights research; scholars; tower cache: tahrj-5127.pdf plain text: tahrj-5127.txt item: #83 of 194 id: tahrj-5128 author: De la Cruz-Ayuso, Cristina title: Knowledge Production Methods in Human Rights Research: Constraints and Opportunities for the Promotion of an Interdisciplinary Approach date: 2019-12-05 words: 11771 flesch: 43 summary: This has been especially significant, for example, in the different anthropological approaches to the field of human rights (Downing and Kushner, 1988; Messer, 1993) which previously had resulted in a broad and sustained discussion on the role of this discipline in human rights research. 75-98 ISSN: 2340-9592 DOI: 10.17561/tahrj.n13.5 75 KNOWLEDGE PRODUCTION METHODS IN HUMAN RIGHTS RESEARCH: CONSTRAINTS AND OPPORTUNITIES FOR THE PROMOTION OF AN INTERDISCIPLINARY APPROACH1 CRISTINA DE LA CRUZ-AYUSO2 Abstract: 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. keywords: age; disciplines; human; human rights; interdisciplinary; journal; knowledge; law; legal; production; research; rights; rights journal; rights research; structures; study; university cache: tahrj-5128.pdf plain text: tahrj-5128.txt item: #84 of 194 id: tahrj-5129 author: González Hidalgo, Eloísa title: Testimonies of Victims of Human Rights Violations as Primary Sources in the Reports by United Nations Bodies date: 2019-12-05 words: 8665 flesch: 39 summary: In addition to the four instruments mentioned above, there is another important document relating to the rights of the victims, namely, the Updated Set of principles for the protection and promotion of human rights through action to combat impunity, approved by the Commission on Human Rights in February 2005.6 This instrument, together with the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International human rights law and Serious Violations of International humanitarian law (the Basic Principles and Guidelines on the Right of Victims of Violations), contribute to the implementation of measures of truth, justice and reparation in contexts where serious human rights violations are widespread. The information contained in this report is based on accounts obtained directly from survivors and witnesses of abuses of international human rights law and/or serious violations of international humanitarian law gathered by UNAMI human rights investigators since the attack on Sinjar in August 2014.8 The demand for (quantitative and qualitative) indicators is present in the normative framework of human rights. keywords: data; human; information; international; law; nations; rights; rights law; rights violations; social; testimonies; united; victims; violations cache: tahrj-5129.pdf plain text: tahrj-5129.txt item: #85 of 194 id: tahrj-5130 author: La Spina, Encarnación title: Tools, Gaps and False Myths in Comparative Legal Research on Human Rights date: 2019-12-05 words: 11005 flesch: 39 summary: 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. 21-43 ISSN: 2340-9592 DOI: 10.17561/tahrj.n13.2 24 sectional study of the integration of migrants will be briefly outlined as a practical example of how a comparative perspective can be used in human rights research and why false myths are associated to legal comparative research. keywords: age; analysis; comparison; december; integration; issn; journal; method; research; rights; rights journal; rights research; social; studies; study; systems cache: tahrj-5130.pdf plain text: tahrj-5130.txt item: #86 of 194 id: tahrj-5474 author: Barcons Campmajó, María title: Forced Marriages in Europe: A Form of Gender-Based Violence and Violation of Human Rights date: 2020-06-15 words: 8546 flesch: 44 summary: A FORM OF GENDER-BASED VIOLENCE AND VIOLATION OF HUMAN RIGHTS MARIA BARCONS CAMPMAJÓ1 Abstract: Forced marriages are recognized as a form of violating human rights, discriminating against women as well as a form of gender-based violence which both women and children suffer. The objective of this article is to critically review the international and European obligations of States in relation to forced marriages. keywords: article; consent; convention; europe; forced; form; gender; marriage; measures; parties; rights; state; victims; violation; violence; women cache: tahrj-5474.pdf plain text: tahrj-5474.txt item: #87 of 194 id: tahrj-5476 author: Hogemann, Edna Raquel title: Human Rights beyond Dichotomy between Cultural Universalism and Relativism date: 2020-06-15 words: 8793 flesch: 45 summary: Human rights have a highly moral content; all the declarations related to this right prescribe norms of conduct to be fulfilled by the states that they sign and even, to a certain extent, to their non-signatories, since the UN has unconventional mechanisms in case of violation to human rights in countries. Human rights exist even without positive recognition, that is, there is no need for any law to prescribe it so that people are holders of human rights. keywords: age; countries; dignity; doi; human; issn; june; relativism; rights; rights journal; state; tahrj.v14.5476; universal; universalism; world cache: tahrj-5476.pdf plain text: tahrj-5476.txt item: #88 of 194 id: tahrj-5477 author: Pérez de la Fuente, Oscar title: Blasphemy As A Thick Concept date: 2020-06-15 words: 13293 flesch: 60 summary: Thick concepts as ‘community shared’ ‘Community shared’ implies thick concepts need a social world behind them, which gives meaning for agreeing or disagreeing in a specific case. Abstract: 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. keywords: analysis; blasphemy; case; civility; community; concepts; court; european; journal; law; reason; religion; rights; test; way cache: tahrj-5477.pdf plain text: tahrj-5477.txt item: #89 of 194 id: tahrj-5478 author: Igwe, Dickson Ogbonnaya title: Climate Variation-Induced Migration, Land Conflicts, and Security Situation in Nigeria date: 2020-06-15 words: 6577 flesch: 46 summary: 5. clImate VarIatIon-Induced mIgratIon, land conflIct and securIty There is an entwined relationship between climate variation, forced migration, land conflict, and security. 5. clImate VarIatIon-Induced mIgratIon, land conflIct and securIty. 6. keywords: authority; climate; climate variation; conflicts; ezillo; ezza; farmers; human; land; migration; nigeria; people; production; rights; security; variation cache: tahrj-5478.pdf plain text: tahrj-5478.txt item: #90 of 194 id: tahrj-5479 author: Núñez Donald, Constanza title: Legal Philosophy and Cosmopolitan Constitutionalism. Debates on Morality, Unity, and Power date: 2020-06-15 words: 15309 flesch: 45 summary: The twilight of human rights law. Global constitutionalism in international legal perspective. keywords: concept; constitutionalism; cosmopolitan; ferrajoli; global; habermas; international; issn; journal; june; law; morality; norms; perspective; philosophy; power; project; rights cache: tahrj-5479.pdf plain text: tahrj-5479.txt item: #91 of 194 id: tahrj-5480 author: Puig Hernández, Marc-Abraham title: Ideological Freedom And Related Legal Wording date: 2020-06-15 words: 13973 flesch: 51 summary: the connectIon between IdeologIcal freedom and relIgIous freedom As we have seen, ideological freedom is a concept related with more expressions than freedom of thought and freedom of conscience. Ideological freedom and freedom of thought are equivalent expressions, which evidence the same generic reality of thought and, therefore, we can accept a synonymous use. Freedom of conscience and ideological freedom, or freedom of thought, indicate that the individual, on the one hand, is notionally positioned before life and, on the other hand, has an own idealistic system on which that person acts consequently. keywords: article; beliefs; concept; conscience; de la; derecho; freedom; human; individual; june; law; libertad; objection; religious; rights; thought; use cache: tahrj-5480.pdf plain text: tahrj-5480.txt item: #92 of 194 id: tahrj-5481 author: Kapelańska-Pręgowska, Julia title: Freedom from Nuclear Weapons? IHRL And IHL Perspective vs the State-Centred Approach date: 2020-06-15 words: 10242 flesch: 45 summary: However, amongst the acknowledged and unacknowledged NWS (nuclear weapon States) only India and Pakistan were represented. 5. conclusIons The practice of nuclear weapons States towards the testing of nuclear weapons and their use has not changed much in the decades since the Cold War. keywords: article; disarmament; environment; general; human; international; law; nuclear; prohibition; rights; rights law; states; treaty; united; use; weapons cache: tahrj-5481.pdf plain text: tahrj-5481.txt item: #93 of 194 id: tahrj-5482 author: Constantino Caycho, Renato Antonio title: 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 date: 2020-06-15 words: 14557 flesch: 56 summary: During 2017, he was one of the leaders of lobbying efforts in favor of Proposal 872/2016, a bill that would have reformed legal capacity law in Peru. PERU’S NEW REFORM ON LEGAL CAPACITY FOR PERSONS WITH INTELLECTUAL AND PSYCHOSOCIAL DISABILITIES AND THE NEED FOR NEW UNDERSTANDINGS IN PRIVATE LAW RENATO ANTONIO CONSTANTINO CAYCHO *,1 Abstract: This paper analyzes the recent reform regarding the legal capacity of persons with disabilities in Peru. keywords: act; article; capacity; case; civil; crpd; decision; decree; disabilities; disability; journal; law; making; new; persons; peru; reform; rights; safeguards; support cache: tahrj-5482.pdf plain text: tahrj-5482.txt item: #94 of 194 id: tahrj-5483 author: Fillol Mazo , Adriana title: The Protection of Access to Food for Civilians under International Humanitarian Law: Acts Constituting War Crimes date: 2020-06-15 words: 15243 flesch: 41 summary: In the context of non-international armed conflicts in addition to requiring the consent of the State to carry out relief actions (when the population is under-supplied), we find another aspect that differs from international armed conflicts. (b)(iv) of the 1998 ICC Statute, the following constitutes a war crime in international armed conflicts: “Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects […] which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated”. keywords: access; armed; article; civilians; conflict; food; international; law; method; population; protection; protocol; right; security; starvation; war cache: tahrj-5483.pdf plain text: tahrj-5483.txt item: #95 of 194 id: tahrj-5484 author: Ovejero Puente, Ana M. title: New Instruments for Human Rights Protection in Globalization date: 2020-06-15 words: 16717 flesch: 39 summary: The same applies to the Inter-American system of human rights, whose signatories are members of the Organization of American states (OAS), and which has the Inter- American Court of human rights to determine the international responsibility of states, through the application and interpretation of the American Convention on human rights and other system instruments.11 The system is culminated by the incorporation of international human rights law in national constitutional texts or national constitutional systems, and through the integration of national constitutional and international systems for the protection of fundamental rights. In both the European monist systems and the dualist English- Commonwealth systems, international human rights law is part of the states’ internal legal order, either being automatically incorporated, as provided in article 10.2 of the Spanish Constitution, 8 SAIZ ARNAIZ, Alejandro, La apertura constitucional al derecho internacional y europeo de los derechos humanos. keywords: age; business; companies; derechos; doi; globalization; human; instruments; international; issn; june; law; legal; multinational; obligations; principles; respect; rights; rights journal; rights law; rights protection; social; states cache: tahrj-5484.pdf plain text: tahrj-5484.txt item: #96 of 194 id: tahrj-5516 author: Ochwat, Maria title: Myanmar Media: Legacy and Challenges date: 2020-06-15 words: 12565 flesch: 45 summary: Other international news organisations retain correspondents or stringers.98 5. recOMMendatiOns fOr MyanMar tO guarantee respect fOr Media freedOM The state of respect for freedom of expression and media freedom in Myanmar is not satisfactory and the authorities should take steps to improve the situation as soon as possible. The most important, however not the only, recommendations to Myanmar on media freedom will be presented below: • Signing and ratifying international human rights documents guaranteeing freedom of expression and media freedom, such as the International Covenant on Civil and Political Rights and the International Convention on the Elimination of all Forms of Racial Discrimination, • Introduction of amendments to the Constitution of 2008, aimed at strengthening guarantees for media freedom and introducing the citizen’s right to information. keywords: act; age; burma; constitution; country; development; doi; freedom; government; human; international; issn; journal; june; law; media; media freedom; military; myanmar; myanmar media; public; rights; situation; state cache: tahrj-5516.pdf plain text: tahrj-5516.txt item: #97 of 194 id: tahrj-5777 author: Ruiz Resa, Josefa Dolores title: Legal Culture on Justice and Truth: The Tribunals of Inquiry about Bloody Sunday date: 2020-12-15 words: 17193 flesch: 60 summary: Legal culture The idea of legal culture was mainly developed by Lawrence Friedman (1969, 1977), who inspired the Law & Society Movement. This paper starts by reviewing previous studies about the conceptual framework of the analysis—it examines the concept of “legal culture” and the understanding of justice as truth, as well as the definition of Tribunal of Inquiry. keywords: age; bloody; british; culture; december; derry; doi; events; human; inquiry; ireland; issn; journal; justice; law; northern; people; report; rights; saville; sunday; tahrj.v15.5777; tribunal; truth; victims; widgery cache: tahrj-5777.pdf plain text: tahrj-5777.txt item: #98 of 194 id: tahrj-5779 author: Vila Viñas, David title: Emergence of Knowledge Commons, Risks, and Relevance for the Human-Rights Framework date: 2020-12-15 words: 8805 flesch: 54 summary: Indeed, as noted above, the effectiveness of social rights such as access to education, health or science, together with a progressive system of fiscal contributions for their sustainability, is at the heart of the development of knowledge commons, which are conditions of the current knowledge economy.26 A distinction between these two groups is rather less useful in relation to problems and strategies posed by commons, as some examples show. These risks are shared with those that threaten the effectiveness of social rights in Spain, such as the right to housing or the right to a dignified life for some groups.12 keywords: access; age; approach; commons; del; institutions; journal; knowledge; knowledge commons; property; public; rights; risks; social; sustainability; vila; viñas cache: tahrj-5779.pdf plain text: tahrj-5779.txt item: #99 of 194 id: tahrj-5780 author: Hapla, Martin title: Explicative-Existencial Justificacion of Human Rights Analysis of Robert Alexy's Argument in Context of Is-Ought Problem date: 2020-12-15 words: 6882 flesch: 64 summary: 3.3 Basic Needs Approach and Capability Approach If we criticize Alexy’s approach to the Is-Ought problem, we should compare it to how other human rights justification theories address it. Alexy’s approach is compared with other theories that strive for human rights justification (basic needs approach, capability approach, and the foundationalism of Alan Gewirth). keywords: alexy; gewirth; human; justification; problem; rights cache: tahrj-5780.pdf plain text: tahrj-5780.txt item: #100 of 194 id: tahrj-5783 author: Gaussens, Pierre; Jasso González, Carolina title: Militarization of Public Security and Violation of Human Rights in Mexico (2000-2020) date: 2020-12-15 words: 12476 flesch: 46 summary: Senado de la República (2015) Versión estenográfica de la comparecencia del integrante de la terna para ministro de la Suprema Corte de Justicia de la Nación, Alejandro Jaime Gómez Sánchez, ante la Comisión de Justicia del Senado de la República (tercera y última parte), Coordinación de Comunicación Social, 2 de diciembre. ARZT, S. (2003) “La militarización de la Procuraduría General de la República: riesgos para la democracia mexicana”, Project on Reforming the Administration of Justice in Mexico, N.° 4, La Jolla: Center for U.S. Mexican Studies. keywords: 2014; age; army; case; de la; december; forces; human; human rights; institutions; issn; mexico; militarization; military; police; public; rights; rights journal; security; state; violations cache: tahrj-5783.pdf plain text: tahrj-5783.txt item: #101 of 194 id: tahrj-5784 author: Martínez de Bringas, Asier title: Strategic Litigation as a Framework for the Protection of Indigenous Rights. An Analysis of Some of the Achievements, Difficulties and Challenges Involved date: 2020-12-15 words: 12484 flesch: 40 summary: 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. keywords: case; collective; communal; community; court; human; iachr; life; litigation; new; para; peoples; protection; rights; rights journal; state; territory cache: tahrj-5784.pdf plain text: tahrj-5784.txt item: #102 of 194 id: tahrj-5786 author: Černý, Petr title: The Right of Assembly in Central Europe date: 2020-12-15 words: 11819 flesch: 56 summary: In Austria, as well as in Germany, it has been pointed out that the provisions of Article 11 of the Convention are considerably broader than the protection of constitutional rules and apply to the concept of assembly under Article 11 of the Convention and also to other assemblies. 163-185 ISSN: 2340-9592 DOI: 10.17561/tahrj.v15.5786 163 THE RIGHT OF ASSEMBLY IN CENTRAL EUROPE PETR ČERNÝ1 keywords: assembly; case; court; czech; echr; expression; freedom; human; journal; judgment; opinion; participants; public; republic; right; states cache: tahrj-5786.pdf plain text: tahrj-5786.txt item: #103 of 194 id: tahrj-5817 author: Bedir, Ömer title: The Flotilla Incident from the Perspective of International Law and the Judicial Rights of the Victims date: 2020-12-15 words: 11621 flesch: 51 summary: (25 January 2010) ‘UNRWA says Israeli blockade continues to cause suffering to the Palestinians- UN Radio feed’. (2010) UN condemns Israel’s assault on Gaza flotilla. keywords: agreement; blockade; court; decision; flotilla; gaza; human; incident; international; israel; law; marmara; mavi; report; rights; turkish cache: tahrj-5817.pdf plain text: tahrj-5817.txt item: #104 of 194 id: tahrj-5818 author: Gómez Sánchez, Davinia title: Transforming Human Rights through Decolonial Lens date: 2020-12-15 words: 14565 flesch: 45 summary: The Making of International Human Rights: The 1960s, Decolonization, and the Reconstruction of Global Values. conclusIon: tHe sIgnIfIcance of Human rIgHts What are HR to assert their universalism? keywords: african; age; colonial; countries; cultural; december; development; discourse; doi; human; human rights; international; issn; law; particular; power; rights; rights journal; tahrj.v15.5818; universal; universalism; values; western; world cache: tahrj-5818.pdf plain text: tahrj-5818.txt item: #105 of 194 id: tahrj-5823 author: Fernández Aller, Celia title: Any Chance for the Enforceability of the Human Right to Subsistence? date: 2020-12-15 words: 11224 flesch: 50 summary: G. Steier, K.K. Patel (eds.), in International Food Law and Policy, DOI 10.1007/978-3-319-07542-6_4 WESSON, M.(2012) “Enforcing human rights incrementally: review of Jeff King, judging social rights” (Cambridge University Press, 2012) University of Western Sydney Law Review Volume 16. ZAMBRANO, V.(2019) To work its moral magic, human rights needs to exude this kind of certainty, this old-fashioned clarity”. keywords: age; december; development; doi; enforceability; food; global; human; international; issn; law; obligations; right; rights journal; social; state; subsistence; tahrj.v15.5823; world cache: tahrj-5823.pdf plain text: tahrj-5823.txt item: #106 of 194 id: tahrj-5826 author: Silveira Gorski, Hector Claudio title: The Right to Food between the Justiciability and the Public Sphere date: 2020-12-15 words: 7513 flesch: 49 summary: Ferrajoli proposes to divide them in three subgroups: a) common goods, the old res communes omnium, such as water, air and the environment, access to and the use of which is vital for all people and which therefore are the subject of fundamental law concerning freedom of use or enjoyment; b) non-transferable personal goods, such as the parts of the human body, that are the subject of fundamental rights of bodily integrity: freedom from lesions or violation; and c) social goods, such as life-saving or “essential” drugs or basic food and water, and as such the subject of fundamental social rights to health and subsistence (Ferrajoli 2011, 733-734; 2014, 213-214). It is true, however, that the constitutions of the post-war era have placed new obligations on the state: social rights, some of which appear as fundamental rights, as is the case with the right to education in the Spanish legal system. keywords: food; goods; human; institutions; people; political; powers; public; rights; social; sphere; state cache: tahrj-5826.pdf plain text: tahrj-5826.txt item: #107 of 194 id: tahrj-5829 author: Ibukun, David title: Addressing the Paradox: Counterinsurgency, Human Rights and Women in Northeast Nigeria date: 2020-12-15 words: 10702 flesch: 41 summary: 203-223 ISSN: 2340-9592 DOI: 10.17561/tahrj.v15.5829 203 ADDRESSING THE PARADOX: COUNTERINSURGENCY, HUMAN RIGHTS AND WOMEN IN NORTHEAST NIGERIA IBUKUN DAVID* Abstract: 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 that assumption of incompatibility between human rights and national security can explain the widespread rights violations associated with COIN operations against Boko Haram in northeast Nigeria. keywords: boko; coin; counterinsurgency; forces; haram; human; insurgency; national; nigeria; northeast; operations; rights; rights violations; security; terrorism; violations; women cache: tahrj-5829.pdf plain text: tahrj-5829.txt item: #108 of 194 id: tahrj-5838 author: Fernández Liesa, Carlos R. title: Questions on Theory of Law in International Human Rights Law date: 2020-12-15 words: 12479 flesch: 50 summary: CARLOS R. FERNÁNDEZ LIESA1 Abstract: 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. keywords: age; community; december; derecho; doi; droit; fernández; ihrl; international; issn; ius; justice; law; legal; liesa; norms; order; power; principles; rights; rights journal; rights law; states; tahrj.v15.5838; theory cache: tahrj-5838.pdf plain text: tahrj-5838.txt item: #109 of 194 id: tahrj-5851 author: Iheme, Williams C. title: Systemic Racism, Police Brutality of Black People, and the Use of Violence in Quelling Peaceful Protests in America date: 2020-12-15 words: 19326 flesch: 51 summary: According to data, Black people in America make up 13.4 % of the total population,61 and have been estimated to be 2.5 % more likely to be killed by the police than their white counterparts.62 California, Florida and Texas rank as top states where police officers have disproportionately killed Black people.63 In Utah, the Black people are 1.06% of the total population,64 yet they constituted 10 % of the police killings over a period of 7 years data, a clearly disproportionate rate of about 9.21 times more likely to be killed by the police compared to their white counterparts.65 In Minnesota where George Floyd was killed by a police officer, Black people are nearly four times more likely to be killed by the police, and comprise of 20 % of those killed Williams C. iheme The Age of Human Rights Journal, 15 (December 2020) Do American police officials and judges benefit from the mass incarceration of black people in America? There have been attempts to investigate whether judges, police officers, and influential people in the American justice system own stocks in prison and bail bond corporations.165 Such efforts have always been frustrated with a lot of rules that make obtaining and publishing the list of individual shareholders in these corporations very difficult. keywords: age; america; black; brutality; death; december; doi; floyd; george; human; ibid; issn; journal; july; june; news; officer; people; police; police brutality; prison; protests; racism; rights; rights journal; slave; tahrj.v15.5851; times; use; violence; white; york cache: tahrj-5851.pdf plain text: tahrj-5851.txt item: #110 of 194 id: tahrj-6038 author: Khoma, Nataliya; Oleksii Kokoriev, Oleksii title: The Compliance of the Baltic States with the Principle of Tolerance as Condition for the Development of the United Europe date: 2021-06-14 words: 10872 flesch: 46 summary: As of the beginning of 2020, Lithuania accommodated only 490 people7, many of whom later left for other EU countries. Inadequate intolerance counteractions at the institutional level are exemplified by the fact that a great number of people that acquired the status of refugees or asylum seekers in the Baltic countries depart to other EU countries. keywords: age; baltic; estonia; europe; hate; human; journal; latvia; lithuania; minorities; people; principle; rights; sex; speech; state; tolerance cache: tahrj-6038.pdf plain text: tahrj-6038.txt item: #111 of 194 id: tahrj-6040 author: Merino-Sancho, Victor title: A Cartography of Critical Legal Theories: Notes for a Reflection on the Relation between Law and Power date: 2021-06-14 words: 11367 flesch: 45 summary: Also, probably due to the fragility of some claims of the CLT (Arias Marín, 2013: 108). Generally speaking, many of these authors reiterate the aforementioned materiality of the law and its use as a tool for maintaining power relations, which has sometimes resulted in criticism of human rights. And this protection cannot be reduced or have only a remedial character, but it should also be oriented towards the elimination of power relations in order to recover a genuine emancipatory sense. keywords: age; butler; discrimination; doi; foucault; gender; human; identity; issn; journal; june; law; mackinnon; power; protection; rights; subjects; tahrj.v16.6040; theories; women cache: tahrj-6040.pdf plain text: tahrj-6040.txt item: #112 of 194 id: tahrj-6085 author: Pirosa, Rosaria title: The Majoritarian Epistemology on Religious Symbols. A Religiously-Based Stereotyping Technique to “Package Others’ Religious Rights” date: 2021-06-14 words: 6968 flesch: 42 summary: RELIGIOUS RIGHTS” ROSARIA PIROSA* Abstract: 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”. The piece seeks to show how the concept of religious right, when it cannot be declined as a majoritarian right, is rife with plural levels of intersecting stereotyping, concerning other categories of diversity like gender and ‘ethnicity’. keywords: court; diversity; journal; june; law; multiculturalism; religion; rights; stereotyping; symbols; way cache: tahrj-6085.pdf plain text: tahrj-6085.txt item: #113 of 194 id: tahrj-6092 author: Favour, Ebieri ; Folarin, Sheriff title: Human Rights and Strong Institutions: A Study of Amnesty International in Nigeria date: 2021-06-14 words: 6102 flesch: 38 summary: A STUDY OF AMNESTY INTERNATIONAL IN NIGERIA EBIERI FAVOUR1, SHERIFF FOLARIN2 Abstract: Human right is a topical issue globally but attaining it has remained very difficult. This paper examines the activities of Amnesty International in the promotion and protection of human rights vis-a-vis the nature of operations, contributions and challenges in Nigeria. keywords: amnesty; amnesty international; government; groups; human; institutions; international; journal; nigeria; organization; rights; world cache: tahrj-6092.pdf plain text: tahrj-6092.txt item: #114 of 194 id: tahrj-6124 author: Jiménez Sánchez, Carolina title: EU, Trading and human rights: consistent framework? date: 2021-12-17 words: 8503 flesch: 40 summary: Also, in accordance with what was already indicated by the Court in the Advisory Opinion on the Legal Consequences that the continuation of the presence of South Africa has for the States in Namibia, Israel is bound to comply with its obligation to respect the right of the Palestinian people to self-determination and its obligations under international humanitarian law and international human rights law. Keywords: Human rights, Trading, self-determination, European Union, Occupied Territories, GSP. keywords: agreement; european; human; israel; law; regulation; rights; rights journal; sahara; territories; territory; trade; trading; union cache: tahrj-6124.pdf plain text: tahrj-6124.txt item: #115 of 194 id: tahrj-6126 author: Hogemann, Edna; Tavares, Sergio Luis title: Religious intolerance: the maximum denial of alterity date: 2021-12-17 words: 12343 flesch: 40 summary: And of all that can be thought or done, the most likely effective instrument against religious intolerance is the awareness of each individual, even if one sees in it something Religious intoleRance: the MaxiMuM Denial of alteRity The Age of Human Rights Journal, 17 (December 2021) 196-221 ISSN: 2340-9592 DOI: 10.17561/tahrj.v17.6126 196 RELIGIOUS INTOLERANCE: THE MAXIMUM DENIAL OF ALTERITY EDNA RAQUEL HOGEMANN 1 SERGIO LUIS TAVARES Abstract: 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. keywords: age; alterity; belief; brazilian; december; doi; faith; freedom; human; intolerance; issn; journal; public; religion; religiosity; religious; rights; society; state; tahrj.v17.6126 cache: tahrj-6126.pdf plain text: tahrj-6126.txt item: #116 of 194 id: tahrj-6134 author: Fangary, Esraa Adnan title: A Peculiar Leap in the Protection of Asylum Seekers: The Inter-American Court of Human Rights' Jurisprudence on the Protection of Asylum Seekers date: 2021-06-14 words: 11399 flesch: 52 summary: Coherently, the right to receive asylum accomplishes when the asylum state grants international protection once the individual fulfills refugee status criteria either under the 1951 convention or the extended refugee status of the Cartagena Declaration (OC-25/18, para 123). Sometimes, it mentioned that asylum encompasses all the institutions associated with the protection granted to persons who fled of their country of nationality or habitual residence (territorial asylum, diplomatic asylum, political asylum, and refugee status), and other times realize that it could be from any other state (alien from asylum state) (OC-25/18, paras 65,66 and 101). keywords: american; asylum; asylum seekers; cogens; court; human; iacthr; international; jus; law; non; para; protection; refoulement; refugees; rights; state cache: tahrj-6134.pdf plain text: tahrj-6134.txt item: #117 of 194 id: tahrj-6175 author: Kowalska, Samanta title: Pro Homine Principle: An Axiological Compass in Interpretation Norms in the Field of Human Rights date: 2021-06-14 words: 6781 flesch: 46 summary: Keywords: pro homine principle, human rights, international agreement, interpretation and application of treaty norms, axiology of human rights Summary: 1. In the light of international human rights law, the pro homine principle is a fundamental instrument for the protection of individual rights. keywords: homine; homine principle; human; individual; interpretation; journal; law; norms; principle; pro; protection; rights cache: tahrj-6175.pdf plain text: tahrj-6175.txt item: #118 of 194 id: tahrj-6269 author: Djajić, Sanja; Lazić, Dubravka title: Artistic expression: freedom or curse? Some thoughts on jurisprudence of the european court of human rights from the theoretical perspective of visual and performance arts and rationales behind freedom of political expression date: 2021-12-17 words: 14800 flesch: 54 summary: Keywords: European Court of Human Rights, artistic expression, Article 10 of the European Convention on Human Rights, visual arts, performance arts, subversive art, theories of art Summary: 1. The similar take on political art was undertaken by the Court in the Mariya Alekhina and Others v. Russia (Pussy Riot case).46 Members of a female punk band, known for impromptu performances and political activism were convicted of hooliganism motivated by religious hatred for an attempt to stage a performance of their song “Punk Prayer – Virgin Mary, Drive Putin Away' in the altar of the Russian Orthodox Church in Moscow. keywords: age; app; art; article; arts; court; december; ecthr; european; expression; freedom; human; journal; judgment; performance; protection; public; rights; visual cache: tahrj-6269.pdf plain text: tahrj-6269.txt item: #119 of 194 id: tahrj-6274 author: Iheme, Williams C. title: Assesing the Roles of Race and Profit in the Mass Incarceration of Black People in America date: 2021-06-14 words: 19927 flesch: 31 summary: The average bail sum for felony in America is $10,000 and most Black people arrested wrongfully are not able to afford their cash bail or even bail-bond premiums:119 the value of the latter is usually about 10% of the bail sum charged upfront, which is generally unaffordable due to the low income of Black people. 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 to reverberate: irrespective of the blackletter rights protecting Black people from injustices, the deep racist structures typically decrease the potency of these rights, and thus perpetuate oppression. keywords: age; america; bail; black; brutality; criminal; doi; history; human; incarceration; issn; journal; june; justice; law; mainstream; mass; media; news; people; police; prison; profit; protests; race; racial; rights; rights journal; slavery; system; tahrj.v16.6274; white; years; york cache: tahrj-6274.pdf plain text: tahrj-6274.txt item: #120 of 194 id: tahrj-6275 author: Nekit, Kateryna title: Restrictions of Private Property Right in Terms of the Covid-19 Pandemic: The Experience of the US, UK and Ukraine date: 2021-06-14 words: 7742 flesch: 46 summary: The restrictions on private property rights during the pandemic were not so obvious, but no less significant. Thus, in fact, it was recognized that the measures implemented during the quarantine, which led to the restriction of private property rights, can not be considered as consistent with the principle of legality. keywords: compensation; covid-19; human; law; owners; pandemic; property; property rights; restrictions; state; ukraine cache: tahrj-6275.pdf plain text: tahrj-6275.txt item: #121 of 194 id: tahrj-6277 author: Lo Coco, Daniela title: EU migration policy and migrant human rights: the protection and negation of life at EU borders date: 2021-06-14 words: 13418 flesch: 39 summary: This paper suggests that Esposito’s concept of ‘immunitas’ is a useful context in the study of migration policies because it provides an opportunity to bridge the contradiction between human rights protection of life and the production of death inherent to EU migration policies. Up to now, the contradiction between the proliferation of human rights protection and the production of migrants’ deaths at borders has been identified as constitutive of EU’s migration policies. keywords: borders; council; countries; death; esposito; eu borders; eu migration; european; human; immunitas; immunity; international; issn; june; life; migrants; migration; migration policy; policies; politics; protection; rights; rights journal cache: tahrj-6277.pdf plain text: tahrj-6277.txt item: #122 of 194 id: tahrj-6297 author: Zenginkuzucu, Dikran M. title: A Comparative Analysis on International Refugee Law and Temporary Protection in the Context of Turkey date: 2021-12-17 words: 12958 flesch: 45 summary: Globalisation, humanitarianism and the erosion of refugee protection. In this respect, this article argues that Turkish legislation has met the fundamental requirements of international protection law and standards, however, still needs to be improved in some crucial areas. keywords: application; art; asylum; convention; country; december; human; international; law; non; persons; protection; refugee; rights; seekers; turkey; unhcr cache: tahrj-6297.pdf plain text: tahrj-6297.txt item: #123 of 194 id: tahrj-6302 author: Abad Castelos, Montserrat title: 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 date: 2021-06-14 words: 16070 flesch: 36 summary: It is true that a reform of the Iraqi Criminal Code is being prepared in order to introduce international crimes (UNAMI/OHCHR, 2020, p.2), but by the time such international crimes are finally operational and applied by the Courts, thousands of trials will already have been held. 1-30 ISSN: 2340-9592 DOI: 11.17561/tahrj.v16.6302 24 Despite the fact that UNITAD was born weighed down by serious limits (such as its restricted mandate, ISIS crimes-related only, and its subordination to the Iraqi Government), the impeccable and diligent exercise of its mission is allowing to overcome certain obstacles and strengthen a path that could, and should, be used by third States in relation to foreign terrorist fighters, both through the jurisdictional principles of nationality and universality. keywords: crimes; doc; fighters; foreign; ftfs; genocide; human; humanity; international; iraq; isis; report; resolution; rights; states; support; team; terrorist; unitad; unsc; war crimes cache: tahrj-6302.pdf plain text: tahrj-6302.txt item: #124 of 194 id: tahrj-6303 author: Nnawulezi, Uche A.; Adeuti, Bosede Remilekun title: Disability’s rights to health: an obligation triggered by corona virus pandemic date: 2021-12-17 words: 11314 flesch: 34 summary: It is worth noting however, that in the United Nations context, in order to understand the interpretative approach on disabilities rights from the understanding that the Convention on the Rights of Persons with Disabilities applies human right to disability, in other to make general human rights specific to persons with disabilities or any form of ailments (Megret, 2008, p. 515). Accordingly, these measures include ensuring that persons with disabilities have access to and benefit from those medical and social services needed specifically because of their disabilities, including early identification and intervention, services designed to minimize and prevent further disabilities as well as orthopaedic and rehabilitation services, which enable them to become independent, and prevent further disabilities and support their social integration (Committee Reports on Economic, Social and Cultural Rights, General Comments No. 5, 1994).16 From a scholarly perspective, it is generally acknowledged that while all pandemics are unique in their level of transmission and breadth of impact, the severity and recent policy attention to the Covid-19 Pandemic, which has affected nearly every country globally, offers an opportunity to revisit the literature linking pandemics to disabilities rights and right to health. keywords: article; convention; covid-19; disabilities; disabilities rights; disability; discrimination; health; human; pandemic; persons; rights; rights journal; social; states; united cache: tahrj-6303.pdf plain text: tahrj-6303.txt item: #125 of 194 id: tahrj-6308 author: Celador Angón, Óscar title: Definition of Mother in the English Legal System date: 2021-06-14 words: 11951 flesch: 53 summary: The court decision in Goodwin v the United Kingdom44 is a landmark case regarding the recognition of gender identity and the legal status of transsexuals. pp. 113-134 ISSN: 2340-9592 DOI: 10.17561/tahrj.v16.6308 132 references AGIUS, S., TOBLER, C., (2014) Trans and intersex people Discrimination on the grounds of sex, gender identity and gender expression, European Network of Legal Experts in the non-discrimination field, European Commission Directorate-General for Justice, Publications Office of the EU. keywords: act; birth; case; child; court; father; gender; gender recognition; identity; law; mother; person; rights; sex cache: tahrj-6308.pdf plain text: tahrj-6308.txt item: #126 of 194 id: tahrj-6317 author: Bostani, Fateme title: A Critical Legal Essay to Advocate Iranian Children's Right to "Proper" Education date: 2021-06-14 words: 16642 flesch: 47 summary: A View to the Iranian Legal System regarding the Children’s Rights Protection The Iranian legal system in many aspects, is respective of fulfilling its duty to protect children’s rights: in families, by considering the best interest of the child (Parsapour & Nourbakhsh 2015); in the educational system, by stating the compulsory education for every child (The law of providing facilities for the education of Iranian children and youth 1974, Article 2) and aiming to provide a happy environment for the students (Executive regulations of schools 2000, Article 98); and facing the criminal cases, by adopting the “law of protecting children and adolescents 2002”; Basic changes in Iranian education system before and after Islamic Revolution (Master thesis, Middle East Technical University, 2010) keywords: age; authority; children; doi; education; essay; ethics; human; iranian; islamic; issn; june; policies; rights; rights journal; schools; social; society; system; virtue cache: tahrj-6317.pdf plain text: tahrj-6317.txt item: #127 of 194 id: tahrj-6321 author: Celik, Elif title: Exploring the use of the concept human dignity in disability human rights law: from UNCRPD to EctHR date: 2021-12-17 words: 14641 flesch: 48 summary: Thus, the emphasis here is on the actual role and potential function of human dignity for disability human rights. In this respect, the issue of whether an empowering interpretation of dignity will be useful in overcoming the shortcomings of the standard application to disability rights cases by the ECHR is worth considering. keywords: article; case; committee; concept; convention; court; crpd; dignity; disabilities; disability; human; persons; relation; respect; rights; rights journal; rights law cache: tahrj-6321.pdf plain text: tahrj-6321.txt item: #128 of 194 id: tahrj-6326 author: Lema Añón, Carlos title: The Right to Health and the Social Determinants of Health in the Face of COVID-19. Tthe Spanish Experience after Austerity Policies date: 2021-06-14 words: 11924 flesch: 51 summary: We will analyze the effect of austerity policies in Spain on public health, 2 https://www.ine.es/experimental/defunciones/experimental_defunciones.htm. It is incumbent upon the public authorities to organize and safeguard public health by means of preventive measures and the necessary benefits and services. keywords: age; austerity; austerity policies; covid-19; crisis; determinants; doi; european; health; health care; health system; issn; journal; june; measures; pandemic; policies; right; social; spain; spanish cache: tahrj-6326.pdf plain text: tahrj-6326.txt item: #129 of 194 id: tahrj-6347 author: Demir, Ebru title: The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence date: 2021-12-17 words: 8840 flesch: 49 summary: 79-96 ISSN: 2340-9592 DOI: 10.17561/tahrj.v17.6347 79 THE EUROPEAN COURT OF HUMAN RIGHTS’ ENGAGEMENT WITH INTERNATIONAL HUMAN RIGHTS INSTRUMENTS: LOOKING AT THE CASES OF DOMESTIC VIOLENCE EBRU DEMIR1 Abstract: In its recent jurisprudence on domestic violence, the European Court of Human Rights has started to examine 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. keywords: app; court; ecthr; human; international; law; opuz v; rights; rights instruments; rights law; v turkey; violence cache: tahrj-6347.pdf plain text: tahrj-6347.txt item: #130 of 194 id: tahrj-6385 author: Jara Gómez, Ana María title: Identity of Roma women and processes of international and transitional justice date: 2021-12-17 words: 11348 flesch: 51 summary: In this article we intend to address 1) some aspects of conflicts and transitional/ international justice that particularly affect women, who mobilize and challenge, in these areas, the traditional gender roles in the legal professions and 2) some aspects of the European social reality that particularly affect the Roma community, understanding that the combination of both analyses can illustrate, albeit in a generic way, the situation of European Roma women in the general map of international justice. This is the case of Roma women in Europe. keywords: age; crimes; december; doi; european; gender; human; identity; international; issn; journal; justice; law; processes; rights; rights journal; roma; social; tahrj.v17.6385; vol; women cache: tahrj-6385.pdf plain text: tahrj-6385.txt item: #131 of 194 id: tahrj-6405 author: Gascón Cuenca, Andrés title: 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 date: 2021-12-17 words: 12150 flesch: 57 summary: El que calumniare o injuriare al Rey o Reina a cualquiera de sus ascendientes o descendientes, a la Reina consorte o al consorte de la Reina, al Regente o a algún miembro de la Regencia, o al Príncipe o Princesa de Asturias, en el ejercicio de sus funciones o con motivo u ocasión de éstas, será castigado con la pena de prisión de seis meses a dos años si la calumnia o injuria fueran graves, y con la de multa de seis a doce meses si no lo son. Following the proceedings, Roura and Stern’s lawyer lodged a recurso de amparo before de SCC. keywords: article; case; caselaw; court; december; ecthr; expression; freedom; human; judgment; king; otegi; protection; public; representatives; rights; scc; spain; speech; state; symbols cache: tahrj-6405.pdf plain text: tahrj-6405.txt item: #132 of 194 id: tahrj-6406 author: Añón, Maria Jose title: Human rights obligations, especially, in times of crisis date: 2021-12-17 words: 13334 flesch: 37 summary: LAFONT Cristina (2020) ’Are human rights associative rights? 1-26 ISSN: 2340-9592 DOI: 10.17561/tahrj.v17.6406 1 HUMAN RIGHTS OBLIGATIONS, ESPECIALLY, IN TIMES OF CRISIS MARÍA JOSÉ AÑÓN* Abstract: 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. keywords: article; committee; crisis; derogation; general; human; human rights; international; law; measures; parties; protection; rights; rights journal; rights obligations; social; states cache: tahrj-6406.pdf plain text: tahrj-6406.txt item: #133 of 194 id: tahrj-6416 author: Chadha, Vaibhav title: Freedom of Speech and Expression versus the glorification of acts of terrorism: Defining limits in the Indian context date: 2021-12-17 words: 11853 flesch: 44 summary: Will prohibiting speech glorifying terrorism interfere with the right to freedom of speech and expression in India?. Will prohibiting speech glorifying terrorism interfere with the right to freedom of speech and expression in India? In Devidas Ramachandra Tuljapurkar v. State of Maharashtra,80 while accepting the argument that there should be no constricted interpretation of freedom of speech and expression, the court held that this did not connote that there can never be any restriction.81 keywords: acts; article; court; december; expression; freedom; glorification; human; incitement; india; laws; offence; rights; speech; terrorism cache: tahrj-6416.pdf plain text: tahrj-6416.txt item: #134 of 194 id: tahrj-6457 author: Ramírez, Andrés; Machado Arévalo, Antonia title: Experiences of access to justice for persons deprived of liberty in Ecuador date: 2021-12-17 words: 9022 flesch: 54 summary: The PDL's knowledge of filing complaints In relation to the possibility of the PDL to make complaints and petitions, many interviewees express not knowing how to formulate them; other PDL interviewed affirm they only know: That the complaint can be formulated to the Judge of Criminal Guarantees. The results agree with what the authors said, since the PDL do not report because they do not want to be considered as whistleblowers, in addition to retrieval from other PDL. keywords: access; ecuador; justice; liberty; pdl; people; persons; prison; problems; rights; social; src; state; system; turi cache: tahrj-6457.pdf plain text: tahrj-6457.txt item: #135 of 194 id: tahrj-6459 author: Leidens, Letícia Virginia; Noschang , Patricia Grazziotin title: Human Rights in Times of the Pandemic: A Dialogue on Migration and Indigenous Rights in Brazil before the Regional Inter-American System date: 2021-12-17 words: 7257 flesch: 31 summary: https://doi.org/10.22201/iih.24485004e.2020.60.71408 Received: July 2nd 2021 Accepted: October 5th 2021 https://moderna.historicas.unam.mx/index.php/ehm/article/view/71408/69128 https://moderna.historicas.unam.mx/index.php/ehm/article/view/71408/69128 https://doi.org/10.22201/iih.24485004e.2020.60.71408 Human rights in times of THE pandemic: a dialogue on migration and indigenous rights in Brazil be Abstract 1 Introduction 2 Human rights in pandemic times: the movement of international organizations 3 Evidence of omissions by the brazilian government in violating the rights of indigenous peoples 4 Closing remarks References We consider both agencies as instruments that work for the transformation, promotion, and defense of human rights’ culture in the international and regional contexts, chiefly when called upon to investigate, analyze and judge human rights violations. keywords: american; brazil; commission; covid-19; december; doi; federal; government; human; inter; international; issn; pandemic; rights; rights journal; social; state; system cache: tahrj-6459.pdf plain text: tahrj-6459.txt item: #136 of 194 id: tahrj-6467 author: Scott, James; Hernandez, Allegra title: Costly Signals? : Democracy Aid Shocks and Political Repression, 1981-2013 date: 2021-12-17 words: 12172 flesch: 54 summary: Civil society democracy aid is particularly important, as that type of democracy assistance expressly empowers societal groups (e.g., Dietrich 2013; Dietrich and Wright 2015; Scott and Carter 2019). Civil society democracy aid constitutes about 30-40% of US democracy assistance annually during the period of our study, and takes a great many forms ranging from training program to capacity building, program support, support for infrastructure, and organizational support, all designed to empower and expand the activities and influence of the civil society organizations (e.g., see, Collins 2009; keywords: aid; aid shocks; assistance; december; democracy aid; effects; issn; journal; models; performance; recipient; regime; rights; rights journal; rights performance; scott; shocks; society; society democracy; studies cache: tahrj-6467.pdf plain text: tahrj-6467.txt item: #137 of 194 id: tahrj-6496 author: Yaroshenko, Oleg; Steshenko, Volodymyr ; Tarasov, Oleh ; Nurullaiev, Ilkin ; Shvartseva, Mariia title: Right to Health Care: The Practice of the ECTHR and the Case of Ukraine date: 2022-06-23 words: 9660 flesch: 42 summary: Keywords: Human rights, right to health care, the European Court of Human Rights, protection of human rights, right to health. Human rights in the field of health care: a practical guide. keywords: art; case; convention; ecthr; health care; human; law; life; medical; practice; right; rights journal; social; ukraine cache: tahrj-6496.pdf plain text: tahrj-6496.txt item: #138 of 194 id: tahrj-6517 author: Zezza, Michele title: The Contextual Dependence of the Interpretation of Constitutional Rights: An Analysis from the Point of View of Semantic Holism date: 2022-06-23 words: 14037 flesch: 39 summary: Keywords: Normative indeterminacy, constitutional rights, constitutional interpretation, semantic holism, external context, post-neopositivist epistemology. The present work has been founded by the Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP), with the following process number: 2017/24035-9. mailto:michele.zezza@for.unipi.it https://orcid.org/0000-0002-4323-9850 The ConTexTual DepenDenCe in The inTerpreTaTion of ConsTiTuTional righTs The Age of Human Rights Journal, 18 (June 2022) pp. keywords: approach; cases; context; dependence; doi; example; interpretation; issn; journal; june; language; law; meaning; oxford; press; principle; provisions; reference; rights; rights journal; sense; tahrj.v18.6517; theory; truth; university; utterance cache: tahrj-6517.pdf plain text: tahrj-6517.txt item: #139 of 194 id: tahrj-6520 author: Nwozor, Agaptus; Okhillu, Blessing title: Child's Rights and the Challenges of Educating the Girl-Child: Assessing the Contributions of UNICEF in Nigeria date: 2022-06-23 words: 12127 flesch: 39 summary: With regard to the impact of poverty on the prospects of girl child education, KI-4 averred, “in the face of poverty and the imperative of survival, education is disincentivized while child marriage is incentivized as a means of lessening the economic burden on disadvantaged households”. Thus, beyond the influence of the prevalent patriarchal system, there are other forces that shape the access of girl children to education. keywords: age; challenges; child; child education; child rights; children; contributions; education; girl; june; nigeria; northern; northern nigeria; program; rights; rights act; rights journal; school; states; unicef; unicef nigeria cache: tahrj-6520.pdf plain text: tahrj-6520.txt item: #140 of 194 id: tahrj-6527 author: Alforova, Tetiana M.; Koba, Mariia M.; Lehka, Oksana V.; Kuchuk, Andrii M. title: Right to Freedom of Expression v. Reputation Protection (Based on ECtHR Practice Materials) date: 2022-06-23 words: 10827 flesch: 47 summary: Case of Társaság a Szabadságjogokért v. Hungary (Application No. 37374/05): information on the discussion of public cases, in particular the constitutionality of criminal law on drug-related crimes37. From the second half of the twentieth century, when the international system of human rights protection was formed, the right to freedom of speech was enshrined in all international acts related to the field of human rights. keywords: application; balance; case; ecthr; expression; freedom; human; information; person; practice; protection; public; reputation; reputation protection; right cache: tahrj-6527.pdf plain text: tahrj-6527.txt item: #141 of 194 id: tahrj-6537 author: Singh, Pushpraj title: Fifteen Years of Right to Information Act in India: A Long Way to Go date: 2021-12-17 words: 8680 flesch: 54 summary: In international context, the first right to information law in the world came into force in 1766 (Freedom of Press Act of 1766) in Sweden. Data regarding ration and food grain distribution across districts; Information about Covid-19 treatment centres and regarding decision making process as to the acquirement of PPE kits and information regarding the actions taken against police personnel for their impunity against innocent citizens of the country during the pandemic- All of this is missing in the public domain and efforts made to gain such information are also curbed. keywords: act; applications; government; human; india; information; information act; journal; law; online; public; right; rti; rti act; state; transparency cache: tahrj-6537.pdf plain text: tahrj-6537.txt item: #142 of 194 id: tahrj-6572 author: Hernández, Javier; Dussan, Santiago title: Hobbes and the economic, social and cultural rights of the universal declaration of human rights date: 2021-12-17 words: 12456 flesch: 56 summary: Hobbes’s concept of natural rIgHts Before examining the definition of natural rights provided by Hobbes in Leviathan, it should be said that he establishes a direct relationship between this concept and his concept of state of nature. 5 In this article, the phrases ‘social human rights’ or ‘social rights’ are used to refer to the social, economic, and cultural rights of the UDHR. keywords: article; declaration; dignity; hobbes; human; individual; order; power; rights; rights journal; state; udhr cache: tahrj-6572.pdf plain text: tahrj-6572.txt item: #143 of 194 id: tahrj-6582 author: Chadha, Vaibhav; Tiwari, Uddhav title: Legal Efforts to Curb Child Marriage in India, USA and Australia: A Comparative Analysis date: 2022-06-23 words: 13493 flesch: 57 summary: The authors have made a comparative study of child marriage laws in India with those of the USA and Australia. A brief summary of child marriage laws of the three nations: Criterion India USA Australia Minimum Marital age and its exceptions 18 for women and 21 for men, with no exceptions Varies for each state and no prescribed minimum age in almost half of the states. keywords: act; australia; child marriage; india; journal; june; laws; marriage act; marriages; november; pcma; practice; rights; states; usa; years cache: tahrj-6582.pdf plain text: tahrj-6582.txt item: #144 of 194 id: tahrj-6592 author: Erbaş, Rahime title: DNA Databases for Criminal Justice System: A Pathway towards Utopian or Dystopian Future? date: 2022-06-23 words: 6508 flesch: 58 summary: May One Day Be Our National ID Card” (Marx, 1998), follow as “Big Brother and His Science Kit: DNA Databases for 21st Century Crime Control” (Tracy & Morgan, 2000), “‘It all happened so slowly’- On controlling function creep in forensic DNA databases” (Dahl & Rudinow, 2009), “Brave New Circuit: DNA databases appears as an example of biotechnology today and in the future that are argued in a spectrum ranging from utopia to dystopia. keywords: database; dna; dna database; dna evidence; evidence; future; justice; justice system; rights; system; use cache: tahrj-6592.pdf plain text: tahrj-6592.txt item: #145 of 194 id: tahrj-6633 author: Eni, Onyekachi; Nnam, Macpherson Uchenna; Udu, Eseni Azu title: The Right to Participate in Political and Decision-Making Process under the Maputo Protocol: Normative Masculinity and Nigerian Women date: 2022-06-23 words: 13335 flesch: 42 summary: The birth of the Protocol to the African Charter on the Rights of Women in Africa otherwise known as the Maputo Protocol was both a reaction 1 Article 18(3) requires states parties to ensure the elimination of every discrimination against women and also ensure the protection of the rights of women. The provisions of the Maputo Protocol draw inspiration from the UN Conven- tion on the Elimination of all forms of Discrimination against Women (CEDAW) for which Article 7 coterminously exhorts states parties ‘to take all appropriate measures to eliminate discrimination against women in the political and public life of the coun- try’11. keywords: african; age; decision; democracy; development; doi; gender; human; issn; journal; june; making; maputo; maputo protocol; masculinity; nigeria; participation; politics; process; protocol; public; rights; women cache: tahrj-6633.pdf plain text: tahrj-6633.txt item: #146 of 194 id: tahrj-6673 author: Mora, Jesús title: Parenthood, altruism, and the market: a critique of essentialist constructions of women’s nature in commercial surrogacy date: 2021-12-17 words: 12477 flesch: 39 summary: Their presence in commercial surrogacy agreements suggests that, even if we can characterise commercial surrogacy as an alternative (as opposed to traditional) method for family formation, the same social stereotypes that have historically entrenched women’s inequality in traditional families are still highly relevant for the practice’s functioning. Young herself points out that, even if 7 I would like to thank two anonymous reviewers for pointing out that ignoring the consequences of class, race, nationality, and other conditions in the operations of commercial surrogacy agreements would render my approach to commercial surrogacy from the perspective of gender inequality incomplete, and vulnerable to the critique that it flattens out gender. Parenthood, altruism, and the market The Age of Human Rights Journal, 17 (December 2021) keywords: agencies; agreements; altruism; gender; human; ips; market; narratives; rights; surrogacy; surrogacy agreements; surrogates; women; work cache: tahrj-6673.pdf plain text: tahrj-6673.txt item: #147 of 194 id: tahrj-6735 author: Dávila, Johnny Antonio title: International Practice of Human Rights as Legal Demand-Rights: A Critical Approach date: 2022-06-23 words: 10003 flesch: 54 summary: Nevertheless, whilst states are crucial for realising human rights, this does not in any way support the view that legal human rights and the corresponding legal standing to demand are entirely dependent upon joint commitments by states. Contrary to what Gilbert thinks, it does not follow from the fact that human rights are an international practice of states that legal human rights and the legal standing to demand their enforcement are, plainly and simply, the outcome of a political process. keywords: approach; commitments; demand; gilbert; human; moral; practice; respect; rights; standing; states cache: tahrj-6735.pdf plain text: tahrj-6735.txt item: #148 of 194 id: tahrj-6770 author: Ruiz Vieytez, Eduardo title: Constitutions, Minorities and Superdiversity date: 2022-12-19 words: 8743 flesch: 38 summary: Sim- ilar terms are employed in other constitutions. Constitutional references to minority groups. keywords: constitutions; discrimination; elements; ethnic; european; factors; grounds; groups; las; law; minorities; minority; minorías; national; rights; status; superdiversity cache: tahrj-6770.pdf plain text: tahrj-6770.txt item: #149 of 194 id: tahrj-6779 author: Dimich, Antonina; Petrov, Valentyn ; Sliusarchuk, Ivan ; Mishchyshyn, Nataliia ; Fornolyak, Valentyna title: Collection and Use of Information by Counter-Intelligence in the Context of Human Rights Protection date: 2022-06-23 words: 7905 flesch: 30 summary: As such, the possibilities of obtaining intelligence information must be balanced by guarantees of protecting the human rights of citizens and supporting an open democratic society” (Kasrils, 2008). The authors of this study believe that a definition more appropriate to international standards is the one provided in the Law of Ukraine “On Personal Data Protection” (2010), personal data information or a set of data about an individual who is identified or can be correctly identified. keywords: counter; data; human; information; intelligence; law; protection; rights; security; state; ukraine cache: tahrj-6779.pdf plain text: tahrj-6779.txt item: #150 of 194 id: tahrj-6851 author: Ogunniyi, Daniel; Idowu, Oladimeji title: Human trafficking in West Africa: An implementation assessment of international and regional normative standards date: 2022-12-19 words: 10916 flesch: 37 summary: The definition of human trafficking provided in section 1 of the Act is as follows: Human trafficking means the recruitment, transportation, transfer, harbouring, trading or receipt of persons within and across national borders by (a) the use of threats, force or other forms of coercion, abduction, fraud, deception, the abuse of power or exploitation of vulnerability, or (b) giving or receiving payments and benefits to achieve consent. UNODC Nigeria, ‘Human trafficking in West Africa: three out of four victims are children says UNODC report’, accsessed 26 November 2021, . UNODC, ‘Senegal is fighting human trafficking and smuggling of migrants’, accessed 13 October 2021. keywords: act; africa; children; ghana; human; nigeria; palermo; persons; protocol; rights; senegal; states; trafficking; victims; west; west africa cache: tahrj-6851.pdf plain text: tahrj-6851.txt item: #151 of 194 id: tahrj-6864 author: Gerasymenko, Yevgen; Zadyraka, Nataliia ; Georgiievska, Viktoriia ; Kovalenko, Nataliia ; Leheza, Yulia title: Correlation of Administrative Definitions of Refugees and Internally Displaced Persons: Compliance with International Standards date: 2022-06-23 words: 7558 flesch: 40 summary: Thus, the Law excluded from the definition of IDPs stateless persons and other non-citizens of Ukraine, who, however, are included in the IDPs according to the universal definition. Therefore, it is necessary to legislatively regulate the situation of persons who have been in Ukraine for a long time in violation of the law. keywords: definition; displacement; human; idps; law; persons; protection; refugees; residence; rights; ukraine cache: tahrj-6864.pdf plain text: tahrj-6864.txt item: #152 of 194 id: tahrj-6874 author: Szerletics, Antal title: Conceptualizing Human Rights Remarks on the ‘Genus’ and Distinguishing Features of Human Rights date: 2022-06-23 words: 8527 flesch: 54 summary: Of course, the fact that there are international human rights instruments which portray certain human rights as goals does not settle the theoretical dispute about the Hohfeldian character of human rights. The temptation to deny that human rights are rights can result from the belief that rights understood as Hohfeldian incidents have an ‘overly intimate’ connection with duties.14 Duties correlative to certain human rights, especially socioeconomic rights, might place too heavy a burden on a lot of states. keywords: cruft; duties; human; oxford; position; rights; theory cache: tahrj-6874.pdf plain text: tahrj-6874.txt item: #153 of 194 id: tahrj-6896 author: Chenwi, Lilian title: Women´s Representation and Rights in the African Court date: 2022-06-23 words: 16678 flesch: 39 summary: Keywords: African Court, African Human Rights Court, gender equality, women’s representation, women’s rights, human rights in Africa, access to justice, legal costs. 345-375 ISSN: 2340-9592 DOI: 10.17561/tahrj.v18.6896 347 domestic and sexual violence, and child marriages has been reported in many states.10 Also, some African states have failed to protect women from the socio-economic impacts of Covid-19.11 This article considers the role of the African Court on Human and Peoples’ Rights (African Court or ACtHPR) – in strengthening women’s rights protection in the continent; specifically, the legal basis and extent to which gender representation, and women’s rights, have been advanced through or by the Court. keywords: access; acthpr; african; african union; article; charter; court; equality; gender; human; ibid; laws; paragraph; peoples; protocol; representation; rights; rights journal; states; vagrancy; women cache: tahrj-6896.pdf plain text: tahrj-6896.txt item: #154 of 194 id: tahrj-7004 author: Natamiharja, Rudi; Sabatira, Febryani; Fakih, Muhammad ; Melati Davey, Orima ; Anam, Haidir title: Patient Rights During the Covid-19 Pandemic: The Dilemma between Data Privacy and Transparency in Indonesia date: 2022-12-19 words: 6868 flesch: 48 summary: In addition to positive Covid-19 data, public disclosure is the forcible repatriation of Covid-19 patients by their relatives. These people are people who receive treatment and perform Covid-19 examinations and even family groups with Covid-19 patients. keywords: article; covid-19; data; health; indonesia; information; journal; law; pandemic; patient; privacy; public; rights; social; stigma cache: tahrj-7004.pdf plain text: tahrj-7004.txt item: #155 of 194 id: tahrj-7009 author: Eyongndi, David Tarh-Akong; Adeniji, Samuel A. title: Judicial Balacing of Parental Objection to Medical Treatment on the Basis of Religious Beleifs and Children Right to Life in Nigeria date: 2022-06-23 words: 12209 flesch: 51 summary: Thus, for proper understanding; it is necessary to examine the concept of child rights although passively. The concept of child right takes its roots from the general concept of human right enshrined in various human rights legal instruments from the Magna Carter to particularly the United Nations Universal Declaration of Human Rights, 1948. keywords: age; child; child right; children; court; decision; human; interest; journal; law; life; medical; nigeria; patient; religion; right; treatment cache: tahrj-7009.pdf plain text: tahrj-7009.txt item: #156 of 194 id: tahrj-7021 author: Rodríguez Ruiz, Blanca title: What Is at Stake in the Recognition of Non-Normative Identities? date: 2022-06-23 words: 11244 flesch: 52 summary: The paper ends with some final reflections on gender identity as a cognitive category and the importance of eradicating it as a source of power. As markers of sexual identity, genitals also became the key to gender identity and the citizenship roles attached to it, hence to adequate sexual and gender aptitudes, attitudes and behaviours (Kessler 1998: 52 ff.), to a person’s identity writ large. keywords: act; age; article; binary; court; gender; gender identity; identities; identity; intersex; issn; journal; june; new; non; recognition; rights; sex; women cache: tahrj-7021.pdf plain text: tahrj-7021.txt item: #157 of 194 id: tahrj-7022 author: Hansen, Caroline title: Dismantling or Perpetuating Gender Stereotypes. – The Case of Trans Rights in the European Court of Human Rights’ Jurisprudence date: 2022-06-23 words: 9916 flesch: 49 summary: Nonetheless, when it comes to trans applicants, in gender identity cases, the Court has not shown such efforts at dismantling gender stereotypes, and has failed to address any gender stereotypes which were invoked before it. Dismantling or perpetuating gender stereotypes. keywords: case; court; european; gender; gender identity; gender stereotypes; identity; persons; rights; stereotypes; trans cache: tahrj-7022.pdf plain text: tahrj-7022.txt item: #158 of 194 id: tahrj-7023 author: Mestre i Mestre, Ruth M. title: Trans Justice Fights Trans Moral Panic date: 2022-06-23 words: 11568 flesch: 46 summary: The paper thus suggests that a ‘cultural war’ over gender identity has been ignited and has yet to be fully fought and won. 59-81 ISSN: 2340-9592 DOI: 10.17561/tahrj.v18.7023 60 At that time, the coalition Government PSOE-Unidas Podemos (UP)4 was drafting a law modifying the requirements and procedures for legal recognition of gender identity that embraced a de-pathologizing and self-determination approach. keywords: age; equality; feminist; gender; human; identity; issn; journal; june; law; mestre; panic; people; public; rights; sex; social; trans; women cache: tahrj-7023.pdf plain text: tahrj-7023.txt item: #159 of 194 id: tahrj-7024 author: Galdámez Morales, Ana title: Hate Speech and Binary Exclusions in Europe: A Digital and Communicative Approach date: 2022-06-23 words: 12184 flesch: 56 summary: Based on this premise, this paper delves into the European legal and jurisprudential framework on hate speech –especially, acts of transphobia, homophobia and violence based on sexual orientation and gender identity– as a limit to freedom of expression, when other fundamental values, such as dignity, are at stake. Based on an analysis of the main normative instruments that have attempted to define the concept, as well as recent case law on hate speech, the aim of this article is to outline a consensus and to establish stable parameters to configure a legal response –valid in the European context– to cases of homophobic or transphobic speech. keywords: age; case; court; digital; discrimination; doi; ecthr; europe; freedom; gender; hate; hate speech; issn; journal; june; messages; orientation; rights; speech cache: tahrj-7024.pdf plain text: tahrj-7024.txt item: #160 of 194 id: tahrj-7025 author: Valero Heredia, Ana title: Feminism and Pornography: From Mainstream Pornography (Hetero-Patriarchal) to Post-Porn (Non Binary) date: 2022-06-23 words: 8510 flesch: 46 summary: Feminism and pornography: from mainstream pornography (hetero-patriarchal) to post-porn (non binary) The Age of Human Rights Journal, 18 (June 2022) Received: November, 11th 2021 Accepted: February, 10th 2022 Feminism and Pornography: from mainstream pornography (hetero-patriarchal) to post-porn (non bina Abstract 1. keywords: age; feminist; gender; hetero; issn; journal; june; mackinnon; mainstream; patriarchal; pornography; post; rights; sexual; sexuality; women cache: tahrj-7025.pdf plain text: tahrj-7025.txt item: #161 of 194 id: tahrj-7042 author: Vázquez García, Rafael title: Making Sense of it: Why Democracy (and Feminism) Needs to Go Beyond Binary Citizenship date: 2022-06-23 words: 7327 flesch: 47 summary: If feminism wants to remain so, it concludes, it cannot but embrace the theoretical framework and action of non-binary citizenship conceived by Queer Theory. Non-binary citizenship is in this sense decolonial, because it blows up the binary mechanisms that have helped to articulate (cis / hetero) male colonial Eurocentric thinking. keywords: binary; citizenship; democracy; feminism; gender; identity; journal; non; queer; rights; sense; sex; sexuality; theory cache: tahrj-7042.pdf plain text: tahrj-7042.txt item: #162 of 194 id: tahrj-7047 author: Winter Pereira, Luisa title: Intersex Legal activism. United Nations on the Human Rights of Intersex People date: 2022-06-23 words: 8800 flesch: 44 summary: united nations on the human rights of intersex people The Age of Human Rights Journal, 18 (June 2022) pp. UNITED NATIONS ON THE HUMAN RIGHTS OF INTERSEX PEOPLE* LUÍSA WINTER PEREIRA** Abstract: For some years now, two intersex associations, Brújula Intersex and Stop Intersex Genital Mutilation, have been coordinating the participation in evaluation processes of the rights of intersex people convened by the United Nations. keywords: age; children; committee; human; intersex; intersex people; nations; people; persons; report; rights; states; treatment; united; violence; women cache: tahrj-7047.pdf plain text: tahrj-7047.txt item: #163 of 194 id: tahrj-7060 author: Romboli, Silvia title: The Standards of Protection of Trans People Elaborated by the Court of Strasbourg and their Incorporation in the Recent Spanish Legislative Proposal date: 2022-06-23 words: 10006 flesch: 43 summary: Legal systems that allow for rectification of legal sex only after verifying the presence of a medical diagnosis and prolonged medical interventions affecting the applicant’s body violate these principles and rights. The Draft has two different, though related, parts:22 a first and general part includes measures for promoting the effective equality of LGBTI people in areas such as labour, education, health or sports (Title I) and also for the effective protection and compensation against discrimination and violence based on LGTBI grounds (Title III)23; a second part focuses on promoting the real and effective equality of trans people in particular (Title II), including the regulation of a new procedure for the rectification of legal sex (articles 37-44). keywords: article; case; ecthr; gender; identity; june; law; legal; november; people; persons; protection; rectification; rights; sex; standards; states; trans cache: tahrj-7060.pdf plain text: tahrj-7060.txt item: #164 of 194 id: tahrj-7061 author: López Hidalgo, Sebastián title: Trans Rights: The Ongoing Debate in Latin American Legal Agendas date: 2022-06-23 words: 8742 flesch: 47 summary: Trans righTs: The OngOing DebaTe in LaTin american LegaL agenDas The Age of Human Rights Journal, 18 (June 2022) pp. Thanks to the impetus of progressive movements and social awareness programmes, countries such as Colombia, Argentina, Trans righTs: The OngOing DebaTe in LaTin american LegaL agenDas The Age of Human Rights Journal, 18 (June 2022) pp. keywords: american; case; constitucional; ecuador; gender; identity; latin; law; legal; legislative; people; recognition; rights; sex; trans; transgender cache: tahrj-7061.pdf plain text: tahrj-7061.txt item: #165 of 194 id: tahrj-7063 author: Sabuco i Cantò, Assumpta title: Trans-Visibilities and Sexual Politics: Temporary Passages in Spanish Popular Cultures date: 2022-06-23 words: 9599 flesch: 56 summary: “Antropología y diversidad sexual y de género en España. “Amores que importan: Deseos, vínculos y representaciones sobre el erotismo desde la diversidad sexual y de género”. keywords: age; bodies; del; doi; film; gay; gender; issn; journal; june; madrid; new; platero; politics; rights; sabuco; sexual; sexuality; social; spain; spanish; tahrj.v18.7063; trans; una; women cache: tahrj-7063.pdf plain text: tahrj-7063.txt item: #166 of 194 id: tahrj-7071 author: Torres Pérez, Maria title: The European Union Protection of Human Rights through its Global Policy: : The Implementation of the Regime of Restrictive Measures Against Serious Violations and Abuses of Human Rights date: 2022-12-19 words: 7493 flesch: 34 summary: Regarding the third plea, the CJEU declared that: “According to settled case-law, in a review of restrictive measures the Courts of the European Union must ensure the review, in principle the full review, of the lawfulness of all Union acts in the light of the fundamental rights forming an integral part of the 36 The Institute of International Law already in its 2017 session recalled the need to care for such fundamental rights in the adoption of targeted sanctions mentioning how such EU measures have violated human rights on many occasions. This is the framework for the new regime of sanctions in cases of serious Human Rights violations, the study of which will be undertaken below. keywords: abuses; council; december; decision; european; human; measures; regime; rights; rights violations; sanctions; union; violations cache: tahrj-7071.pdf plain text: tahrj-7071.txt item: #167 of 194 id: tahrj-7082 author: Lorenzetti, Anna title: Intersex in Italy: At the Source of the Complexity? date: 2022-06-23 words: 10019 flesch: 45 summary: This would lead to granting intersex persons rights and freedoms guaranteeing their autonomy, in particular the right to oppose medical practices which harm their genitalia. * ANNA LORENZETTI** Abstract: Focusing on the Italian legal scenario, this paper examines medical practices that impose cosmetic surgeries on intersex children. keywords: age; article; children; condition; fact; female; gender; intersex; italian; italy; journal; law; male; people; persons; protection; rights; surgeries cache: tahrj-7082.pdf plain text: tahrj-7082.txt item: #168 of 194 id: tahrj-7105 author: Aparicio Chofré, Lucía title: The SDGS and Human Rights Key Instruments in the Response and Recovery from the Pandemic date: 2022-06-23 words: 9794 flesch: 42 summary: United Nations (2018b), The Global Compact on Refugees, available at https://www. unhcr.org/gcr/GCR_English.pdf. United Nations (2019), Remarks to High-Level Political Forum on Sustainable Development, available at: https://www.un.org/sg/en/content/sg/speeches/2019-09-24/remarks- high-level-political-sustainable-development-forum United Nations (2020a), “Los argumentos a favor de una renta básica universal”, July, available at https://news.un.org/es/story/2020/07/1477601. United Nations (2020b), The Highest aspiration a call to action for Human Rights, available at https://www.un.org/peacebuilding/sites/www.un.org.peacebuilding/ files/documents/2020_sg_call_to_action_for_hr_the_highest_aspiration.pdf. WANG, J. (2020), “La filantropía detrás de los 400 multimillonarios de Forbes”, Forbes, 17 October, available at https://forbes.es/forbes-ricos/78551/la-filantropia-detras- de-los-400-multimillonarios-de-forbes/. https://unctad.org/system/files/official-document/ares69d313_en.pdf https://unctad.org/system/files/official-document/ares69d313_en.pdf https://unctad.org/system/files/official-document/ares70d1_en.pdf https://www.undp.org/sites/g/files/zskgke326/files/publications/UNDP_Building%20the%20Post-2015%20Development%20Agenda_Final_2015.pdf https://www.undp.org/sites/g/files/zskgke326/files/publications/UNDP_Building%20the%20Post-2015%20Development%20Agenda_Final_2015.pdf https://www.unep.org/resources/report/unep-food-waste-index-report-2021 https://www.unep.org/resources/report/unep-food-waste-index-report-2021 https://unfccc.int/sites/default/files/english_paris_agreement.pdf https://unfccc.int/sites/default/files/english_paris_agreement.pdf https://www.un.org/sites/un2.un.org/files/udhr.pdf https://www.un.org/sites/un2.un.org/files/udhr.pdf https://www.unglobalcompact.org https://www.icc-cpi.int/resource-library/documents/rs-eng.pdf https://www.icc-cpi.int/resource-library/documents/rs-eng.pdf https://undocs.org/A/RES/55/2 https://undocs.org/A/RES/55/2 https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/67/290&Lang=E https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/67/290&Lang=E https://refugeesmigrants.un.org/sites/default/files/180713_agreed_outcome_global_compact_for_migration.pdf https://refugeesmigrants.un.org/sites/default/files/180713_agreed_outcome_global_compact_for_migration.pdf https://refugeesmigrants.un.org/sites/default/files/180713_agreed_outcome_global_compact_for_migration.pdf https://www.unhcr.org/gcr/GCR_English.pdf https://www.unhcr.org/gcr/GCR_English.pdf https://www.un.org/sg/en/content/sg/speeches/2019-09-24/remarks-high-level-political-sustainable-development-forum https://www.un.org/sg/en/content/sg/speeches/2019-09-24/remarks-high-level-political-sustainable-development-forum https://news.un.org/es/story/2020/07/1477601 https://www.un.org/peacebuilding/sites/www.un.org.peacebuilding/files/documents/2020_sg_call_to_action_for_hr_the_highest_aspiration.pdf https://www.un.org/peacebuilding/sites/www.un.org.peacebuilding/files/documents/2020_sg_call_to_action_for_hr_the_highest_aspiration.pdf https://forbes.es/forbes-ricos/78551/la-filantropia-detras-de-los-400-multimillonarios-de-forbes https://forbes.es/forbes-ricos/78551/la-filantropia-detras-de-los-400-multimillonarios-de-forbes The SDGS anD human RiGhTS Key inSTRumenTS in The ReSponSe anD RecoveRy fRom The panDemic The Age of Human Rights Journal, 18 (June 2022) pp. In this sense, according to the conference presented by Professor Vicente Bellver in the Congress Higher Education, Human Rights and Sustainable Development Goals No. 4 (education) in the context of the internationalization of higher education entitled Human Rights and Higher Education , one of the essential pillars of that Education would be the inclusion with a transversal character in all levels and spheres of Human Rights education, in accordance with what was established in the II World Congress on Human Rights in Vienna in 1993 and in the World Program for Human Rights education. keywords: age; crisis; development; doi; economic; future; global; human; issn; journal; june; nations; new; pandemic; people; response; rights; rights journal; sdgs; tahrj.v18.7105; time; united; world cache: tahrj-7105.pdf plain text: tahrj-7105.txt item: #169 of 194 id: tahrj-7106 author: Flores Anarte, Laura title: The Right to Gender Self-Determination in Spain. Lessons from Autonomous Communities date: 2022-06-23 words: 11395 flesch: 44 summary: Gender identity is also protected by fundamental rights such as the right to physical and moral integrity (Article 15 CE), the rights to one’s honour and privacy (Article 18.1 CE), and by the constitutional protection granted to health (not a fundamental right as such, but a guiding principle of social and economic policy, enshrined in Article 43 CE and connected to Article 15’s right to physical integrity – STC 176/2008), which is broadly understood 4. It is also out of line with the international (albeit non-binding) standards set out in the Yogyakarta Principles, specifically No. 18, which provides that States shall ensure that any medical or psychological treatment or counselling does not explicitly or implicitly consider sexual orientation and gender identity as a health condition to be treated, cured or suppressed. keywords: article; communities; determination; discrimination; gender; gender identity; gender self; june; law; laws; people; person; rights; self; sexual; trans cache: tahrj-7106.pdf plain text: tahrj-7106.txt item: #170 of 194 id: tahrj-7114 author: Pavlichenko, Olena; Ostapenko, Yuliya ; Kryvenko, Dmytro ; Fomina, Halyna ; Lets, Olha title: Protection of Rights and Freedoms of Minors in Employment: International Law and Experience of Ukraine date: 2023-04-14 words: 9411 flesch: 44 summary: Keywords: human rights, labor rights, employment of minors, child’s rights, legal standards. Buyanova (2005) notes the legal status of minor workers consists of legal personality, labor rights and obligations, legal responsibility, and guarantees of rights. keywords: age; employment; international; labor; labor rights; law; minors; protection; regulation; rights; ukraine; work; workers cache: tahrj-7114.pdf plain text: tahrj-7114.txt item: #171 of 194 id: tahrj-7123 author: Hatim, Anouar; Miloudi, Mohammed; El Araj, Najib title: Promoting the Defence´s Role in the Preliminary Investigation, a Challenge in Maghrebian Criminal Proceedings date: 2022-12-19 words: 11736 flesch: 49 summary: Indeed, the lack of a culture of defence rights among justice professionals40 and the imperfection of the necessary infrastructure in Maghrebian prisons41 hamper the lawyer’s work. Therefore, consolidating the culture of defence rights among justice professionals in the Maghreb countries remains very necessary. keywords: article; assistance; code; criminal; defence; doi; human; investigation; lawyer; police; procedure; rights; role; torture; trial cache: tahrj-7123.pdf plain text: tahrj-7123.txt item: #172 of 194 id: tahrj-7124 author: Hren, Nataliya; Kelman , Mykhailo ; Pyvovar , Maiia ; Koval , Anna ; Melnyk , Yaroslav title: Human Rights and Current Discriminatory Manifestations (on the Example of Age Discrimination in the Social and Communicative Sphere) date: 2022-12-19 words: 9940 flesch: 34 summary: The commissioner pointed out that it was not clearly understood what was being advertised in the ad; experts noted that it contained ambiguities, hints of old age, it was shown that older people are more lethargic, pessimistic, attentive, aware of the inevitable end of life and have nothing to enjoy in life. However, a survey conducted by the Pew Research Center in the United States found a general trend towards greater digital integration of older age groups, found that the use of social networks (Facebook) has increased significantly among older people. keywords: age; age discrimination; december; discrimination; doi; european; health; international; issn; journal; measures; national; people; persons; policy; public; rights; social; society; sphere cache: tahrj-7124.pdf plain text: tahrj-7124.txt item: #173 of 194 id: tahrj-7146 author: Cruz Ángeles, Jonatán title: Progress and Challenges for the Recognition, Protection and Promotion of Indigenous Women’s Human Rights in the Inter-American System date: 2022-12-19 words: 12579 flesch: 47 summary: Once we establish the theoretical framework, we will review how, in practice, the Inter- American Commission and Court have examined some of the leading cases concerning the protection of the economic, social, and cultural rights of indigenous women. Keywords: Indigenous women, worldview, Inter-American Law, collective rights, individualized approach, honour and dignity. keywords: american; article; case; community; convention; court; december; discrimination; duty; inter; inter american; issn; members; peoples; protection; recognition; rights; rights journal; state; system; violence; women cache: tahrj-7146.pdf plain text: tahrj-7146.txt item: #174 of 194 id: tahrj-7180 author: Rodríguez Ruiz, Blanca title: Presentation: Confronting Binary Foundations: Non-Binary Identities and the Edges of Rights date: 2022-06-23 words: 1238 flesch: 33 summary: NON-BINARY IDENTITIES AND THE EDGES OF RIGHTS BLANCA RODRÍGUEZ-RUIZ University of Sevilla This Special Issue of The Age of Human Rights Journal, entitled Confronting binary foundations: non-binary identities and the edges of rights, covers some of the Conferences organised online in 2020 and 2021 within the Research Project (PID2019- 107025RB-I00) “Sexed citizenship and non-binary identities: from non-discrimination to citizenship integration” (Binasex). keywords: identities; non; rights cache: tahrj-7180.pdf plain text: tahrj-7180.txt item: #175 of 194 id: tahrj-7216 author: Zamora Gómez, Cristina María title: Well-Founded Fear in International Refugee Law: A Feminist Approach date: 2022-12-19 words: 11173 flesch: 41 summary: Admittedly, as has been highlighted throughout the article, both the UNHCR, through its Handbook, as well as regulation at the European regional level through the European asylum system, have contributed to an improvement in the implementation of a feminist approach to founded fear. For Hathaway and Hicks, this illogic is revealed when an effort is made to evaluate subjective fear based on the external behaviour of the applicant and the content of his testimony. keywords: applicant; approach; article; asylum; december; directive; element; fear; gender; international; journal; law; orientation; persecution; refugee; rights; risk; sexual; status; unhcr cache: tahrj-7216.pdf plain text: tahrj-7216.txt item: #176 of 194 id: tahrj-7228 author: Darakhshan Kishwar, Sanya title: The Persisting Menace of Child Marriage: An Account of Non-Legal Factors Contributing to Ineffectiveness of Legal Frameworks date: 2022-12-19 words: 12907 flesch: 53 summary: tahrj.v19.7228 93 THE PERSISTING MENACE OF CHILD MARRIAGE: AN ACCOUNT OF NON-LEGAL FACTORS CONTRIBUTING TO INEFFECTIVENESS OF LEGAL FRAMEWORKS SANYA DARAKHSHAN KISHWAR1 Abstract: Child marriage is an ever-persisting human rights issue that has been addressed multiple times. Keywords: Child marriage, forced marriage, armed conflict, child rights. keywords: child marriage; children; conflict; crc; factors; girls; human; journal; marriages; minimum; non; rights; states; vol; years cache: tahrj-7228.pdf plain text: tahrj-7228.txt item: #177 of 194 id: tahrj-7287 author: Ifejika, Solomon I. title: Protecting Citizens against Bureaucratic Abuse and Maladministration: Why is Nigeria’s Ombudsman Institution not Working Well? date: 2023-03-16 words: 11150 flesch: 35 summary: Public Complaints Commission Act, Cap P37 Laws of the Federation of Nigeria 2004. Keywords: Bureaucratic abuse, citizenry, maladministration, Public Complaints Commission, Ombudsman Institution. keywords: act; administration; citizens; commission; commissioners; complaints; complaints commission; government; human; institution; journal; nigeria; ombudsman; pcc; public; rights; service cache: tahrj-7287.pdf plain text: tahrj-7287.txt item: #178 of 194 id: tahrj-7327 author: Ribotta, Silvina title: Poverty as a Matter of Justice date: 2023-03-16 words: 12597 flesch: 43 summary: Moreover, because certain social positions place some persons in a more suitable position to access a more significant share of goods and satisfiers (social inequality in terms of access to privileged social positions, wealth-poverty). Among other consequences, social rights are pushed into the background, dismissed and subordinated to civil and political rights, undermining the very democratic core of modern State (Campbell 2007). keywords: capabilities; cohen; freedom; human; inequality; justice; life; needs; opportunity; oxford; poverty; press; resources; ribotta; rights; sen; social; tahrj.v20.7327 cache: tahrj-7327.pdf plain text: tahrj-7327.txt item: #179 of 194 id: tahrj-7329 author: Fazaeli, Mostafa; Karami, Mousa title: Ensuring the Cultural Rights of Kurdish Minority in Türkiye: Necessity, Challenges, Solutions date: 2023-05-03 words: 15264 flesch: 42 summary: Furthermore, lack of an agreed upon definition of culture, lack of a common definition as to cultural rights, and lack of any list relating to the examples of human cultural rights are among the factors that hinder the development of cultural rights. Lack of Sufficient National and International Monitoring Bodies and Effective Enforcing Mechanisms Lack of sufficient national and international monitoring bodies and effective enforcing mechanisms against the violations of cultural human rights in general and cultural rights of ethnic minorities in particular is another challenge with which Kurds are facing currently in enjoyment of their cultural rights in Türkiye. keywords: challenges; culture; diversity; doi; ensuring; groups; human; international; kurdish; kurds; law; minorities; minority; minority rights; rights; rights journal; tahrj.v20.7329; türkiye cache: tahrj-7329.pdf plain text: tahrj-7329.txt item: #180 of 194 id: tahrj-7374 author: Shareef, Sanh title: A Study on the Human Rights Situation in Kirkuk date: 2023-03-16 words: 11039 flesch: 39 summary: A Study on the Human Rights Situation in Kirkuk The Age of Human Rights Journal, 20 (June 2023), e7374 ISSN: 2340-9592 DOI: 10.17561/tahrj.v20.7374 1 A STUDY ON THE HUMAN RIGHTS SITUATION IN KIRKUK SANH SHAREEF QADER1 Abstract: Human rights are the principles that seek to protect all human beings around the world from serious political, legal, and social abuses. As a result of the atrocities committed in First and Second World Wars, the United Nations ensures the protection of human rights through several international conventions and instruments, such as the UN Charter and Universal Declaration of Human Rights. keywords: article; constitution; freedom; government; groups; human; international; iraq; june; kirkuk; kurdish; law; people; province; rights; rights journal; security; tahrj.v20.7374; unsc; violations cache: tahrj-7374.pdf plain text: tahrj-7374.txt item: #181 of 194 id: tahrj-7375 author: Bea, Emilia title: Human Duties and Rights in an Intercultural Perspective date: 2022-12-19 words: 11875 flesch: 40 summary: Keywords: Human rights, duties, responsibilities, interculturality, solidarity. The question we ask is whether, bearing in mind the undeniable central role of subjective rights, can human rights and duties also meet real needs that are difficult to translate in terms of strict reciprocity? keywords: age; article; cultures; december; declaration; derechos; dialogue; doi; duties; human; individual; intercultural; issn; los; perspective; responsibilities; rights; rights journal; social; tahrj.v19.7375; universal cache: tahrj-7375.pdf plain text: tahrj-7375.txt item: #182 of 194 id: tahrj-7500 author: Avellaneda San Antonio, Silvia title: Role of Human Rights Indicators in National Action Plans on Business and Human Rights: Comparative analysis of Finland and Spain date: 2023-04-11 words: 10788 flesch: 40 summary: Within the framework of the objectives related to the promotion of human rights (Goal 18), a specific objective is the ‘promotion of the identification of human rights indicators, until now non-existent, to ensure their inclusion in all municipal cultural and sports activities’ (goal 18.4.4). Keywords: human rights indicators; human rights indicators for business; human rights impact assessment; National Action Plans on Business and Human Rights (NAPs); UN Guiding Principles on Business and Human Rights (UNGPs). keywords: action; business; companies; dihr; finland; hris; human; human rights; indicators; june; naps; ohchr; plan; rights; rights indicators; spain; tahrj.v20.7500 cache: tahrj-7500.pdf plain text: tahrj-7500.txt item: #183 of 194 id: tahrj-7516 author: Ahmed, Sabreen title: Online Courts and Private and Public Aspects of Open Justice: Enhancing Access to Court or Violating the Right to Privacy? date: 2023-05-03 words: 12045 flesch: 43 summary: Both aspects cover similar intricacies of open justice as described by Susskind to understand the comprehensive underpinning of this principle, Additionally, Art 6 of the ECHR, also describes the public aspect of open jus- tice as a Publicity Principle (consisting of open court, access to judgments and the right to publicise as part of Art 10, ECHR). From a wider perspective, this means that the open justice principle consists of three interrelated principles namely: equal access to courts, open court or public hearing for scrutiny (by public and media) and finally, accessibility to written public judgments (Ryder, 2018). keywords: access; age; case; court; information; journal; justice; justice principle; live; media; online; open; principle; privacy; proceedings; public; reporting; right; tahrj.v20.7516 cache: tahrj-7516.pdf plain text: tahrj-7516.txt item: #184 of 194 id: tahrj-7539 author: Andrusyshyn, Bohdan ; Bilozorov, Yevhen; Opolska, Natalia ; Kupina, Liudmyla ; Tokarchuk, Olha title: Right to a Fair Trial in Extraordinary Conditions date: 2023-06-05 words: 12069 flesch: 49 summary: After the de-occupation and restoration of the activity of the relevant courts, the territorial jurisdiction of court cases is restored (also by means of the adoption of a decision by the Chairman of the Supreme Court). At the same time, individual courts post information for participants in court cases on their websites. keywords: access; administration; case; conditions; courts; decision; european court; justice; law; public; right; rights journal; tahrj.v20.7539; trial; ukraine cache: tahrj-7539.pdf plain text: tahrj-7539.txt item: #185 of 194 id: tahrj-7561 author: Nnamuchi, Obiajulu title: Justiciability of Socioeconomic Rights in Nigeria and Its Critics: Does International Law Provide any Guidance? date: 2022-12-19 words: 14661 flesch: 43 summary: We must provide for all the fundamental rights and freedoms associated with a democratic society. – Nelson Mandela, 1991 Abstract: A recalcitrantly enduring polemic in the annals of human rights and constitutional law jurisprudence in Nigeria centers on whether socioeconomic rights are justiciable in the country. This burgeoning controversy is rooted not only in the balkanization of the two principal genres of human rights and their compartmentalization into distinct parts of the Constitution, namely Chapters II and IV respectively, but also in explicitly baptizing one as ‘fundamental rights’ whilst denying similar appellation to the other. keywords: african; art; charter; comment; constitution; court; doc; general; human; international; justiciability; law; nigeria; rights; rights journal; section; u.n cache: tahrj-7561.pdf plain text: tahrj-7561.txt item: #186 of 194 id: tahrj-7579 author: Nekit, Kateryna title: The Right to Private Property under Martial Law in Ukraine date: 2023-05-03 words: 13641 flesch: 45 summary: However, under martial law, introduced in Ukraine as a result of aggression by the Russian Federation, restrictions on private property rights and even forced alienation of property for the needs of the state are allowed. 41 of the Constitution, compulsory alienation of objects of private property rights can be used only as an exception for reasons of public necessity, on the basis and in the manner prescribed by law, and with prior and full reimbursement of their value. keywords: alienation; art; case; compensation; court; damage; e7579; june; law; ownership; property rights; rada; regime; rights journal; state; tahrj.v20.7579; ukraine cache: tahrj-7579.pdf plain text: tahrj-7579.txt item: #187 of 194 id: tahrj-7629 author: Gebruers, Cecilia title: From Structural Discrimination to Intersectionality in the Inter-American System of Human Rights: Unravelling Categorical Framings date: 2023-06-05 words: 13405 flesch: 40 summary: Following this path – with steps backwards and forwards, ambiguities and confusions– in the early 2010s the Inter-American System arrived at the notion of intersectional discrimination. The early definitions of intersectionality as a specific type of discrimination usually refer to the developments of the Finnish scholar Timo Makkonen, who has forged the now classical distinction between the concepts of multiple discrimination, compound discrimination and intersectional discrimination (Makkonen, 2002). keywords: age; american; case; court; discrimination; factors; human; intersectionality; law; para; principle; rights; rights law; state; system; tahrj.v20.7629; violence; women cache: tahrj-7629.pdf plain text: tahrj-7629.txt item: #188 of 194 id: tahrj-7631 author: Sánchez Ballesteros, Vanesa title: Disability and the Elderly in their Freedom of Interaction with the Spanish Administration date: 2023-03-16 words: 13322 flesch: 42 summary: Organic Law 3/2018 of 5 December, of Protection of Personal Data and digital rights guarantee (published in BOE of 6 December). To this end, various regulations have been passed to protect the privacy of users (Organic Law 15/1999, of 13 December on the Protection of Personal Data and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights). keywords: access; administration; age; citizens; communication; digital; disability; freedom; government; icts; law; new; people; public; rights; tahrj.v20.7631; use cache: tahrj-7631.pdf plain text: tahrj-7631.txt item: #189 of 194 id: tahrj-7695 author: Arlettaz, Fernando title: Sexual Orientation Discrimination and Autonomy of Religious Groups in the Inter-American Case Law date: 2023-06-01 words: 11204 flesch: 45 summary: The prohibition of discrimination under international treaties The main international treaties on Human Rights prohibit discrimination, both in the enjoyment of conventional rights14 and in the enjoyment of rights recognised by domestic law.15 Of course, the prohibition of discrimination does not mean that every 9 IACtHR, Pavez Pavez v Chile, partially dissenting opinion of judge Sierra Porto, para 2. 10 IACtHR, Pavez Pavez v Chile, partially dissenting opinion of judge Sierra Porto, para 9. 11 IACtHR, Pavez Pavez v Chile, para 139. 12 IACtHR, Pavez Pavez v Chile, partially dissenting opinion of judge Sierra Porto, para 10. 13 IACtHR, Pavez Pavez v Chile, para 159. Keywords: Discrimination, sexual orientation, Inter-American Court of Human Rights, autonomy of religious groups, religious freedom. keywords: american; application; autonomy; case; court; discrimination; ecthr; groups; human; iacthr; international; law; non; orientation; para; pavez; public; rights; state; tahrj.v20.7695 cache: tahrj-7695.pdf plain text: tahrj-7695.txt item: #190 of 194 id: tahrj-7698 author: Tykhomyrov, Oleksandr O.; Tykhomyrov, Denys O.; Radovetska, Liudmyla V. ; Vatral, Antonina V. title: Information Human Obligations: State and Prospects of Doctrine Interpretation date: 2023-07-24 words: 9223 flesch: 28 summary: Human rights obligations can be legally defined as certain options of necessary behaviour through the forms of positive law, in particular the constitution. Informational human obligations are the assumption of responsibility and the performance of a certain range of actions that individuals, organizations, and governments have to ensure the observance and protection https://doi.org/10.17561/tahrj.v21.7698 Oleksandr O. TykhOmyrOv; denys О. TykhOmyrOv; liudmyla v. radOveTska; anTOnina v. vaTral The Age of Human Rights Journal, 21 (December 2023), e7698 ISSN: 2340-9592 DOI: 10.17561/tahrj.v21.7698 3 of human information rights. keywords: declaration; duties; duty; human; information; information obligations; information rights; law; obligations; person; rights; society; state; universal cache: tahrj-7698.pdf plain text: tahrj-7698.txt item: #191 of 194 id: tahrj-7711 author: Izarova, Iryna; Prytyka, Yurii; Uhrynovska, Oksana; Shestopalov, Nazar title: Protection of Rights of Internally Displaced Persons amid Military Aggression in Ukraine date: 2023-06-01 words: 12095 flesch: 41 summary: Law of Ukraine on Ensuring the Rights and Freedoms of Citizens and Legal Regime in the Temporarily Occupied Territory of Ukraine No. 1207-VII of 15 April 2014; 2. It must be taken into account that Ukraine since 2014 also comprises the “Temporarily Occupied Territory” (Crimea and parts of Eastern Ukraine), in regard to which two laws were passed – the Law of Ukraine on Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine of 15 April 2014, No. 1207-VII (Verkhovna Rada of Ukraine, 2014a) and the Law of Ukraine on Particular Aspects of Public Policy Aimed at Safeguarding the State Sovereignty of Ukraine over the Temporarily Occupied Territory of the Donetsk and Luhansk Regions of 18 January 2018, No. 2268-VIII (Verkhovna Rada of Ukraine, 2018). keywords: access; april; human; idps; international; journal; justice; law; persons; protection; resolution; rights; state; tahrj.v20.7711; ukraine; war cache: tahrj-7711.pdf plain text: tahrj-7711.txt item: #192 of 194 id: tahrj-7719 author: Kaundal, Ruchita; Shanthakumar, Sanjeevi title: Assessing the Effectiveness of the National Human Rights Commission, India, vis-à-vis the Paris Principles Relating to the Status of National Human Rights Institutions date: 2023-06-01 words: 14148 flesch: 42 summary: Domestic Institutionalisation of Human Rights in India 4.1 An Overview - “The Protection of Human Rights Act 1993” http://10.17561/tahrj.v20.7719 Assessing the effectiveness of the nAtionAl humAn Rights commission, indiA, vis-À-vis the PARis PRinciPles RelAting to the stAtus of nAtionAl humAn Rights institutions The Age of Human Rights Journal, 20 (June 2023), e7719 ISSN: 2340-9592 DOI: 10.17561/tahrj.v20.7719 6 The institutions in compliance with the principles are accordingly accredited by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, now known as the Global Alliance of National Human Rights Institutions (GANHRI, 2019). keywords: act; authors; ganhri; government; human rights; ibid; india; international; june; members; national human; nhrc; paris; phra; principles; protection; rights commission; rights institutions; rights journal; state; status; tahrj.v20.7719 cache: tahrj-7719.pdf plain text: tahrj-7719.txt item: #193 of 194 id: tahrj-7754 author: Ajayi, Mary-Ann Onoshioke; Tarh-Akong Eyongndi, David title: Termination of Employment Based on Employee’s HIV Status: The Response of the National Industrial Court of Nigeria date: 2023-05-05 words: 14390 flesch: 40 summary: Aside the 1999 CFRN, the HIV and AIDS (Anti-Discrimination and Prohibition) Act 2014 and the National Guideline for Testing Counselling 2011 were put in place to ensure that the rights of HIV positive employees are protected. Furthermore, to stem the ugly tide of HIV discrimination at the workplace, employers should put in place workplace policy that prohibits discrimination on account of an employee’s HIV status. keywords: act; aids; claimant; court; defendant; discrimination; employee; employment; hiv; hiv status; hiv test; human; industrial; journal; law; national; nigeria; rights; rights journal; tahrj.v20.7754; termination cache: tahrj-7754.pdf plain text: tahrj-7754.txt item: #194 of 194 id: tahrj-7781 author: Alexander, Atul title: International Court of Justice and Provisional Measures under the Genocide Convention: Curious Case of Ukraine v. Russian Federation date: 2023-07-24 words: 10090 flesch: 28 summary: Further, Ukraine approached the ICJ for provisional measures and the ICJ took cognisance of the happenings in Ukraine and rendered provisional measures on 16th March 2022.4 In this article, the author provides a detailed analysis of the provisional measures, thereby highlighting the approach of the ICJ in the overall scheme of provisional measures vis-à-vis the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). Considering the humanitarian character of the Convention as evinced in the 1948 advisory opinion, coupled with the nature of the prohibition of genocide Genocide as a jus cogens norm (Linderfalk, 2007), the ICJ attached importance to the Genocide Convention as early as the 1950s. keywords: case; court; crime; federation; genocide convention; icj; international; law; measures; prevention; punishment; rights; russian; ukraine; ukraine v. cache: tahrj-7781.pdf plain text: tahrj-7781.txt