tahrj: A Pathfinder

This is a computer-generated pathfinder created against the Distant Reader study called tahrj.

Each Distant Reader study carrel is composed of many individual items. Each item is bibliographically described with author, title, date, summary, and keyword values. Below is a list of the items' most signficant keywords as well as lists of the items themselves. Purpusing the content of this pathfinder provides the student, researcher, or scholar with one way to get their heads around the scope of the carrel. The keywords include:

Human; Law; Age; Issn; State; Article; Court; Case; People; Social; Public; Persons; Women; Justice; Identity; Constitution; General; Communities; Non

Depending on how this pathfinder was created, many of the bibliographic sections will include elaborations on the meaning(s) of the given keywords. These elaborations were generated by feeding the items' summaries to a large langauge model and asking the model to address the question, "What is X?", where "X" is the keyword. The result will be a few sentences of elaboration. Be forewarned. The elaborations are often plausible, but they should not be take as truth. Instead, they should be taken as points for consideration.

• The Freedom of Information Law and Democratization in Nigeria by Akinwale, Akeem Ayofe (2013) - 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; democratization; foil; freedom; human; imagination; information; information law; journal; nigeria; press freedom; public; rights; rights journal
• Natural Law Theory in Spain and Portugal by Pérez Luño, Antonio-Enrique (2013) - Abstract: This article intends to approach briefly the development of Natural Law theories in the Iberian peninsula, focusing in more detail on their evolution and tendencies in the 20th and 21st centuries when they are at a crossroad. Considering the wide and heterogeneous character of Natural Law theories in Spain and Portugal, to establish sharp and aprioristic distinctions may be useful just for partial research projects, but it stands as an inadequate choice for the general scope adopted in this paper. Keywords: age; antonio; century; coimbra; del; derecho; human; journal; law; luño; madrid; natural; neo; new; philosophy; portugal; professor; pérez; rights; scholars; spain; theories; theory; university; values
• Ethics and Robotics. A First Approach by De Asís Roig, Rafael (2014) - 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; beings; ethics; human; issn; journal; june; machines; moral; new; people; rights; robotics; robots
• Ethics and Legal Keys to Biomedical Research in Spain by Cabanillas Sánchez , Antonio; Zavala, Jorge (2014) - With regard to embryo research, the fourteen-day term is essential, as was underscored in the United Kingdom in the Warnock Report of 1984. The regulation of assisted reproduction and embryo research came to the forefront with the publicity surrounding the birth of Louise Brown. Keywords: act; article; biomedical; cells; embryos; ethics; health; human; journal; law; principles; research; rights; stem; trials; use
• The Rise of Human Rights Issue in the Post-Cold War World: The Vienna Conference (1993) by De Carvalho Hernandez, Matheus (2014) - 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: cold; conference; global; human; international; ngos; process; rights; rights journal; sovereignty; state; state sovereignty; vienna; vienna conference; war; world
• The Antidiscrimination Principle and the Determination of Disadvantage by Añón, María José (2014) - To this end, it proposes to further develop the debate on indirect discrimination and material equality through additional interpretative criteria that originate in categories such as structural discrimination and the intersectionality of discrimination. 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. Keywords: antidiscrimination; case; court; disadvantage; discrimination; equality; european; group; human; individuals; issn; journal; june; law; legal; principle; rights; social; treatment
• Privacy as a Human Right and Media Trial in India by Oommen, Gifty (2014) - The report stated that Indian Supreme Court holds publication, prejudicial after ‘arrest’ as criminal contempt. Thirdly the need to amend the Contempt of Court Act 1971, to give the courts, specific powers apart from the general powers to issue gagging orders and other orders to protect an accused from media intrusion which has the effect of tampering with evidences and witnesses and causing interference in administration of justice. Keywords: act; article; case; constitution; court; freedom; human; india; media; press; privacy; public; right; section; state
• Cultural Diversities and Human Rights: History, Minorities, Pluralization by Ruiz Vieytez, Eduardo J. (2014) - 51-217; JACKSON-PREECE J. (1997), “Minority rights in Europe: from Westphalia to Helsinki”, Review of International Studies, no. 23-1, pp. 75-92; PETSCHEN VERDAGUER, S. (1990), Las minorías lingüísticas de Europa Occidental: documentos (1492-1989), Parlamento Vasco, Vitoria-Gasteiz, pp. 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. 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
• Translation, Power Hierarchy, and the Globalization of the Concept “Human Rights”: Potential Contributions from Confucianism Missed by the UDHR by Cheng, Sinkwan (2015) - 1-33 ISSN: 2340-9592 TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”: POTENTIAL CONTRIBUTIONS FROM CONFUCIANISM MISSED 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. On this basis, I develop translation into a tool for disproving the claim that the concept human rights is universal. Keywords: age; article; beings; chang; china; chinese; concept; confucian; confucius; conscience; culture; declaration; human; humanity; issn; june; malik; new; people; power; ren; rights; rights journal; translation; udhr
• The Coherence of Human Rights’ Foundations by Riley, Stephen (2015) - 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
• The Protection of Human Rights in the Mexican Republicanism by Aguilar Blancas, Carlos Alberto (2015) - 26 The prohibition of discrimination is referred to in article 14 of the European Convention of human rights (ECHR), which establishes that every person enjoys the rights without distinction on grounds of sex, race, THE PROTECTION OF HUMAN RIGHTS IN THE MEXICAN REPUBLICANISM The Age of Human Rights Journal, 5 (December 2015) pp. Under this new order of concordance between the Constitution and the international treaties with the laws and secondary regulations, in Mexico it is necessary to revise the principles rooted in its legal and constitutional supremacy and normative hierarchy tradition, since the constitutional reform in the field of human rights from 2011, THE PROTECTION OF HUMAN RIGHTS IN THE MEXICAN REPUBLICANISM The Age of Human Rights Journal, 5 (December 2015) Keywords: age; constitution; december; del; derechos; human; individual; international; issn; justice; law; mexico; power; principle; protection; public; reform; respect; rights; rights journal; rule; social; society; state; system
• Human Rights and Vulnerability. Examples of Sexism and Ageism by Barranco Avilés, María del Carmen (2015) - 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
• A More but not Fully Constructed Arena: A Critical Analysis of the AKP’s Policy toward Kurdish Ethno-Cultural Rights (2002-2014) by Kolcak, Hakan (2015) - 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; journal; kurdish; language; law; minority; policy; rights; rights journal; turkey; turkish; use
• 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 by Calvo García, Manuel (2016) - 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. Keywords: Violence against women; gender violence as a violation of human rights; human rights and social movements; feminist movement and women’s organizations. Keywords: convention; discrimination; gender violence; general; human; international; june; language; law; life; movement; nations; recognition; rights; rights journal; social; united; violation; women
• The Rights of Pastoralist Peoples. A Framework for their Recognition in International Law by Martín López, Miguel Ángel (2016) - 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. It is true that there is a very interesting doctrinal debate regarding whether or not the right to development is an individual right or/and a collective one16 and some conclusions to this 14Experiences in the defence of pastoralist resource rights in Tanzania: lessons and prospects, part. Keywords: african; age; case; communities; development; doi; framework; human; international; issn; june; land; law; life; pastoralist; peoples; protection; recognition; rights; rights journal; way
• Social Rights in the face of the Crisis. Reflections on the Spanish Case by Puzzo, Fernando (2016) - PUZZO1 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; state
• The Right to Internal Self-Determination in Peacebuilding Processes: A Reinterpretation of the Concept of Local Ownership from a Legal Perspective by Demir, Ebru (2017) - Third, the Supreme Court not only took into account the rights of individuals, it also paid attention to group rights. Therefore, it seems clear that local conflicts can be capable of undermining top-down attempts to reinforce the peace without addressing the root causes (Sisk and Risley 2005, p. 5). Keywords: actors; concept; conflict; congo; determination; groups; human; international; local; ownership; peacebuilding; peoples; process; right; self
• Two-Lane Blacktop: Refugees & Torture by García Cívico, Jesús (2017) - 49-66 ISSN: 2340-9592 DOI: 10.17561/tahrj.n8.3 49 TWO-LANE BLACKTOP: REFUGEES & TORTURE and political demands derived from the fundamental budget of the whole catalog of human rights: the human dignity. In the first case, Australia began by maintaining policies conforming to the standards of instruments relating to asylum and refugee rights. Keywords: amnesty; asylum; countries; country; crisis; derechos; human; international; issn; journal; june; people; refugees; rights; rights journal; torture; treatment
• The Decision by the Inter-American Court of Human Rights on the Awas Tingni vs. Nicaragua Case (2001): The Implementation Gap by Gómez Isa, Felipe (2017) - 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; atlantic; awas tingni; case; communities; community; court; demarcation; human; implementation; inter; judgment; law; nicaragua; peoples; process; rights; rights journal; territory; tingni community; title; titling
• Reasons for the Construction of a Legal Theory of Social Rights as Fundamental Rights by Janampa Almora, Juan José (2017) - 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. 92-125 ISSN: 2340-9592 DOI: 10.17561/tahrj.n8.5 114 REASONS FOR THE CONSTRUCTION OF A LEGAL THEORY OF SOCIAL RIGHTS AS FUNDAMENTAL RIGHTS judicial guarantee or legal protection, which would lead to justify the denial of its subjective nature and the poor use of technique and, as a result, social rights would not be understood as fundamental rights. 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
• Implementing the international convention on the rights of persons with disabilities in Qatar: from charity to human rights by Rodríguez del Pozo, Pablo; Barranco Avilés, María del Carmen; Al Ali, Khalid; De Asís Roig, Rafael (2017) - 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
• The convention on the rights of persons with disabilities (CRPD) and Qatar's domestic legislation: the potential impact on the main legal domains by Rodríguez del Pozo, Pablo; Barranco Avilés, María del Carmen; Cuenca Gómez, Patricia; Al Ali, Khalid; Ansuátegui Roib, Javier; De Asís Roig, Rafael (2017) - 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. Including the right to be protected from commercial and sexual exploitation, physical and psychological abuse, and humiliating treatment in any way. 30 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
• Interdependence, indivisibility and the social rights of persons with disabilities in the law of Qatar by Barranco Avilés, María del Carmen; Al Ali, Khalid; Cuenca Gómez, Patricia; De Asís Roig, Rafael ; Rodríguez del Pozo, Pablo (2017) - 49-80 ISSN: 2340-9592 DOI: 10.17561/tahrj.n9.3 54 INTERDEPENDENCE, INDIVISIBILITY AND THE SOCIAL RIGHTS OF PERSONS WITH DISABILITIES IN THE LAW OF QATAR Before 1993, and particularly prior to 1997, social rights were mostly considered to be a development question, but on this latter date the Secretary-General of the United Nations published a document entitled “The Human Rights-based Approach to Development Cooperation. Also, in Articles 3.4 and 4 this right is implemented, since it lays down the obligation incumbent upon the Supreme Council for Family Affairs to provide “appropriate programs for the education and rehabilitation of special needs persons in addition to the special educational programs and the preparation of the qualified technical cadres to support Special Needs Persons.” Keywords: age; article; crpd; december; disabilities; disability; education; health; human; law; medical; model; needs; persons; qatar; rights; rights journal; social
• The impact of article 12 of the convention on the rights of persons with disabilities on Qatar´s private law by Cuenca Gómez, Patricia; Barranco Avilés, María del Carmen; Serra, María Laura; Ansuátegui Roig, Javier; Rodríguez del Pozo, Pablo (2017) - Legal capacity to enter into a contract and to exercise civil rights Qatar’s civil legislation considers legal capacity to be essential before entering into a valid contract. According to Article 12, the following conditions shall be required in order for the marriage contract to be valid: 1. Competence of the parties and their being free from legal disabilities. Keywords: age; article; capacity; committee; crpd; crpd committee; disabilities; disability; human; journal; law; persons; qatar; rights; rights journal
• Theory of Needs as Justification of Human Rights: Current Approaches and Problems of Uncertainty and Normativeness by Hapla, Martin (2018) - 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
• Journalism: New Trends and its Impact on Right to Privacy. Comparative Analysis with Special Reference to India by Oommen, Gifty (2018) - Media trial is often conducted in two different realms. This is what is happening in the sphere of media freedom. Keywords: act; age; case; court; doi; freedom; human; india; information; issn; journalism; june; law; media; news; people; press; privacy; process; public; right; time; trial
• Reasonable Accommodation Based on Religious Beliefs or Practices. A Comparative Perspective between the American, Canadian and European Approaches by Pérez de la Fuente, Oscar (2018) - 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; canadian; case; court; discrimination; doi; ecthr; equality; european; human; issn; journal; june; law; practices; religion; rights; state
• The United Nations Convention on the Rights of Persons with Disabilities and its Effects on the Promotion of Elite Disability Sport: A Worldwide Analysis by Prieto, Jaime; Paramio-Salcines, Juan L. (2018) - 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; WHO and WB 2011). Keywords: athletes; countries; disabilities; disability; disability sport; doi; human; international; ipc; paralympic; participation; rights; sport; uncrpd
• From Exclusivism to Pluralism: A Reflection on European Religious Minorities by Rosca, Mariana (2018) - In the particular case of Europe, a proper pluralistic approach to integration is not yet fully implemented; there are countries that have some segmented experiences on “accommodating” religious pluralism. In some contexts, religious pluralism means an informed, tolerant and appreciative or sympathetic view of the various religions. Keywords: accommodation; approach; cultural; diversity; doi; european; exclusivism; human; islam; journal; june; minorities; new; pluralism; policy; public; religion; rights
• The Political, Legal and Moral Scope of the Universal Declaration of Human Rights: Pending Issues by Solanes Corella, Ángeles (2018) - 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). 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; moral; nations; rights; rights journal; states; udhr; united; universal
• The Human Right to Health: A Retrospective Analysis after 70 Years of International Recognition by Dalli, Maria (2018) - 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 care; health services; human; obligations; right; services; states
• The Long Road to the International Recognition of Economic and Social Rights: The Right to an Adequate Standard of Living by Aguiar Ribeiro Do Nascimento, Germana (2018) - Humphrey, John (1984): Human Rights and the United Nations: a great adventure, New York, Transnational Publishers Lauren, Paul Gordon (2011): The Evolution of International Human Rights, Philadelphia, University of Pensylvania Press. Glendon, Mary Ann (2003): “Forgotten Crucible: The Latin American Influence on the Universal Human Rights idea”, 16 Harvard Human Rights Journal. Keywords: commission; council; declaration; doc; draft; human; international; living; nations; rights; standard; united; united nations
• Towards Reconstructing the Meaning of Inhuman Treatment or Punishment: a Human Capability Approach by Boulos, Sonia (2019) - 122F 123 The notion of human capabilities was first introduced by Amartya Sen, who provided its framework largely in the 1980s and 1990s.123F 124 The capability approach initially emerged in the field of development. The gap between achieved functionings and human capabilities is a gap between the realized and the effectively possible, or between achievements and larger freedoms. Keywords: approach; article; capabilities; convention; human; inhuman; journal; june; law; meaning; note; nussbaum; para; punishment; rights; supra; torture; treatment
• Free, Prior and Informed Consent (FPIC) in Mexico: Elements for its Construction and Challenges by Israel Herrera, José (2019) - 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. HERRERA1 Abstract: Free, Prior and Informed Consent (FPIC) - Consultation has become one of the most powerful tools indigenous people and minorities have to generate a dialogue and begin a negotiation in the country to face Government decisions, private companies seeking to carry out any work or when legislative measures are about to be implemented on their territories with a possibility of damaging them. Keywords: communities; consultation; consultation date; convention; date; development; fpic; free; human; indigenous; mexico; peoples; rights
• Extra-Taxation and Property Right in the European Union Law by López Espadafor, Carlos María (2019) - 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
• Performative Hate Speech Acts. Perlocutionary and Illocutionary Understandings in International Human Rights Law by Di Rosa, Alessandro (2019) - In the first place, this means that in order for it to be prosecutable, hate speech must be expressed in a performative conduct: it is a matter of employment of speech or other forms of expression, consistent with speech acts theory, aimed at sending out a message able to “do things with words”. PERFORMATIVE HATE SPEECH ACTS Keywords: action; acts; age; distinction; expression; freedom; harm; hate speech; human; journal; law; liberal; non; oxford; press; rights; speech; speech acts; theory; university
• The Challenge of Ethical-Cultural Pluralism to the Universality of Human Rights by Arcos Ramírez, Federico (2019) - 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; challenge; community; human; individual; international; law; pluralism; press; relativism; rights; rights journal; society; universality; values; western
• Escaping the Ivory Tower: Legal Research on Human Rights from a Critical Perspective by Morondo Taramundi, Dolores (2019) - 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. Secondly, a consideration can be made on the trail of the criticism regarding the weight of legal doctrine and legal dogmatics in human rights legal research. Keywords: age; criticism; doctrine; human; ivory; journal; knowledge; law; new; research; rights; rights research; scholars; tower
• Knowledge Production Methods in Human Rights Research: Constraints and Opportunities for the Promotion of an Interdisciplinary Approach by De la Cruz-Ayuso, Cristina (2019) - 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. 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; approach; disciplines; doi; human; interdisciplinary; journal; knowledge; law; legal; production; research; rights; rights journal; rights research; structures; study; university
• Testimonies of Victims of Human Rights Violations as Primary Sources in the Reports by United Nations Bodies by González Hidalgo, Eloísa (2019) - 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. 2 International human rights law deals with human rights violations committed by states, while international criminal law is responsible for non-state authors and international humanitarian law seeks to condemn both state and individual perpetrators. Keywords: data; human; information; international; law; nations; persons; rights; rights law; rights violations; testimonies; united; victims; violations
• Human Rights beyond Dichotomy between Cultural Universalism and Relativism by Hogemann, Edna Raquel (2020) - 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; international; issn; june; relativism; rights; rights journal; state; tahrj.v14.5476; universalism
• Climate Variation-Induced Migration, Land Conflicts, and Security Situation in Nigeria by Igwe, Dickson Ogbonnaya (2020) - 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
• Ideological Freedom And Related Legal Wording by Puig Hernández, Marc-Abraham (2020) - the concept of «IdeologIcal freedom» In this first section, our aim is to determine the affinity between the notion of ideological freedom, the one we have exposed in Introduction, and the typical legal wording from other legal traditions. SCC referred to freedom of thought, which would happen only in the internal sphere, to differentiate it from freedom of conscience as that faculty “guaranteed by the legal order to act according to one’s conscience [and which is used] indistinctly as synonymous with «ideological freedom» including both the internal and external dimensions of the right”.49 On the other hand, the doctrine expressed by PRIETO SANCHÍS, among others, by which it would be freedom of thought, in an extensive way, the alternative expression to ideological freedom. Keywords: article; beliefs; concept; conscience; de la; derecho; freedom; human; ideological; individual; june; law; objection; public; rights; thought; use
• Freedom from Nuclear Weapons? IHRL And IHL Perspective vs the State-Centred Approach by Kapelańska-Pręgowska, Julia (2020) - 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; para; prohibition; rights; rights law; states; treaty; united; use; weapons
• Myanmar Media: Legacy and Challenges by Ochwat, Maria (2020) - 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; tahrj.v14.5516
• Legal Culture on Justice and Truth: The Tribunals of Inquiry about Bloody Sunday by Ruiz Resa, Josefa Dolores (2020) - 73-104 ISSN: 2340-9592 DOI: 10.17561/tahrj.v15.5777 73 LEGAL CULTURE ON JUSTICE AND TRUTH: THE TRIBUNALS OF INQUIRY ABOUT BLOODY SUNDAY JOSEFA-DOLORES RUIZ-RESA1 Abstract: Almost 50 years ago, in the events that happened during the so-called Bloody Sunday (Derry 1972, 30th January), 13 Catholic civilians were killed because of the actions of the British army during a civil rights march against internment without trial in Northern Ireland. The findings on Bloody Sunday from two Tribunals of Inquiry (1972 and 1998-2010), and the reactions that their resulting reports raised are an excellent example of cultural impregnation in law. 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
• Explicative-Existencial Justificacion of Human Rights Analysis of Robert Alexy's Argument in Context of Is-Ought Problem by Hapla, Martin (2020) - 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
• Militarization of Public Security and Violation of Human Rights in Mexico (2000-2020) by Gaussens, Pierre; Jasso González, Carolina (2020) - (2017) Atlas de la seguridad y la defensa de México 2016, México: CASEDE. (2019) Mexico’s Human Rights Crisis, Philadelphia: University of Pennsylvania Press. 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: age; army; case; de la; december; forces; human; human rights; institutions; issn; mexico; militarization; military; police; public; rights; rights journal; security; state; use; violations
• Strategic Litigation as a Framework for the Protection of Indigenous Rights. An Analysis of Some of the Achievements, Difficulties and Challenges Involved by Martínez de Bringas, Asier (2020) - 2. progress, progressIon and acHIeVements of IndIgenous rIgHts Since the entry into force of the ILO Convention 169 in 1989, there has been an unprecedented development of the agenda for indigenous rights, both in the International System for the Protection of Rights (UN), and in the Inter-American Human Rights System (IAHRS). 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. Keywords: case; collective; communal; community; court; human; iachr; life; litigation; new; para; peoples; protection; rights; rights journal; state; territory
• The Right of Assembly in Central Europe by Černý, Petr (2020) - 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. In the future, the most serious problem is the conflict of the right of assembly along with the right of ownership, consisting in assemblies held on private property, which is used by the public, such as shopping malls, airports or railway stations. Keywords: assembly; case; court; czech; echr; expression; freedom; human; journal; judgment; opinion; participants; public; republic; right; states
• The Flotilla Incident from the Perspective of International Law and the Judicial Rights of the Victims by Bedir, Ömer (2020) - (25 January 2010) ‘UNRWA says Israeli blockade continues to cause suffering to the Palestinians- UN Radio feed’. Israeli authorities have pretended that the objective of the naval blockade was to deny the access of weapons to Gaza and therefore the blockade was legitimate (Israeli National Report-1, para. 48). Keywords: agreement; blockade; court; decision; flotilla; gaza; human; incident; international; israel; law; marmara; mavi; report; rights; turkish
• Transforming Human Rights through Decolonial Lens by Gómez Sánchez, Davinia (2020) - Transforming Human rigHTs THrougH Decolonial lens The Age of Human Rights Journal, 15 (December 2020) pp. Transforming Human rigHTs THrougH Decolonial lens The Age of Human Rights Journal, 15 (December 2020) pp. Keywords: age; colonial; countries; cultural; december; development; discourse; doi; global; human; international; issn; law; order; particular; power; rights; rights journal; tahrj.v15.5818; universal; universalism; values; western; world
• Any Chance for the Enforceability of the Human Right to Subsistence? by Fernández Aller, Celia (2020) - “Enforcing human rights incrementally: review of Jeff King, judging social rights” (Cambridge University Press, 2012) University of Western Sydney Law Review Volume 16. To work its moral magic, human rights needs to exude this kind of certainty, this old-fashioned clarity”. Keywords: age; courts; december; development; doi; enforceability; food; global; human; international; issn; law; obligations; right; rights journal; state; subsistence; tahrj.v15.5823; world
• The Right to Food between the Justiciability and the Public Sphere by Silveira Gorski, Hector Claudio (2020) - 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; justiciability; people; powers; public; rights; sphere; state
• Addressing the Paradox: Counterinsurgency, Human Rights and Women in Northeast Nigeria by Ibukun, David (2020) - Essentially, outbreak of violent conflicts exposes women to human rights violation (see Buvinic et al. 2012; Harders 2011; World Bank 2011; Schindler 2010; Lorber 2008; Anderlini 2006; Plumper and Neumayer 2006; Rehn and Sirleaf 2002; Date-Bah et al. 2001). In coIn operatIons It is paradoxical that COIN leads to human rights violations though it is meant to prevent rights violation. Keywords: boko; coin; coin operations; counterinsurgency; forces; haram; human; insurgency; national; nigeria; northeast; operations; rights; rights violations; security; terrorism; violations; women
• A Cartography of Critical Legal Theories: Notes for a Reflection on the Relation between Law and Power by Merino-Sancho, Victor (2021) - This means power relocates subjects according to the position and axes in a set of different systems and subsystems. 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. Keywords: age; butler; discrimination; doi; foucault; gender; human; identity; issn; journal; june; law; mackinnon; power; protection; rights; subjects; tahrj.v16.6040; theories; women
• Human Rights and Strong Institutions: A Study of Amnesty International in Nigeria by Favour, Ebieri ; Folarin, Sheriff (2021) - 135-147 ISSN: 2340-9592 DOI: 10.17561/tahrj.v16.6092 135 HUMAN RIGHTS AND STRONG INSTITUTIONS: 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
• Religious intolerance: the maximum denial of alterity by Hogemann, Edna; Tavares, Sergio Luis; HOGEMANN, EDNA (2021) - 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) pp. 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; rio; society; state; tahrj.v17.6126
• A Peculiar Leap in the Protection of Asylum Seekers: The Inter-American Court of Human Rights' Jurisprudence on the Protection of Asylum Seekers by Fangary, Esraa Adnan (2021) - 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) Asylum in Latin America has been construed accordingly to historical treaties related to asylum as, international asylum law, international and regional human rights treaties (Tibi v. Ecuador, para 144). Keywords: american; asylum; asylum seekers; cogens; court; human; iacthr; international; jus; law; non; para; protection; refoulement; refugees; rights; state
• Pro Homine Principle: An Axiological Compass in Interpretation Norms in the Field of Human Rights by Kowalska, Samanta (2021) - Keywords: pro homine principle, human rights, international agreement, interpretation and application of treaty norms, axiology of human rights Summary: 1. IntroductIon. IntroductIon 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; law; norms; principle; pro; pro homine; protection; rights
• 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 by Djajić, Sanja; Lazić, Dubravka; Djajić, Sanja (2021) - 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. IntroductIon. 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; issn; journal; judgment; performance; protection; public; rights
• Assesing the Roles of Race and Profit in the Mass Incarceration of Black People in America by Iheme, Williams C. (2021) - However, to create the façade of a legitimate intervention based on the protection of lives and property, as well as conduct the popular hymn of ‘Law and Order’, the American government being already experienced in oppression knows exactly how to artificially create justifiable grounds for military intervention, by paving ways for a ‘hijack’ of Black protests through control of the narrative or instigating white supremacist groups to obstruct the protests.46 Irrespective of these domestic machinations, the unfair critique and designation of Black protests as ‘barbaric’ is also rooted in hypocrisy being that the accusers are not realistically opposed to acts of barbarism, violence and thuggery, which deeply characterize America’s loot of assets from around the globe starting from the Slave Trade to acts of thuggery in Vietnam, Iraq, Afghanistan, and Libya.47 Unbiased researchers have been able to unearth America’s true motives for the twenty-first century invasions of other countries and linked them with the crude oil resources those invaded countries have in abundance.48 Just like its domestic tactics of accusing Black people for being ‘barbaric’ and thus proceeding to clamp down on them, it uses similar tactics to justify its loots abroad by first accusing and designating the leaders of those invaded nations as ‘dictators’ and ‘oppressors’ of their own people, in order to trigger Article 51 of the United Nations Charter and consequently invade them on grounds 43 cf. 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; brutality; criminal; doi; history; human; incarceration; issn; journal; june; justice; law; mainstream; mass; media; news; people; police; press; prison; profit; protests; race; rights; rights journal; slavery; system; tahrj.v16.6274; university; white; years; york
• Restrictions of Private Property Right in Terms of the Covid-19 Pandemic: The Experience of the US, UK and Ukraine by Nekit, Kateryna (2021) - The purpose of this article is to study the criteria developed by international practice under which the restriction of property rights is allowed, and approaches to resolving issues of compensation for losses caused to owners when it is necessary to ensure a balance of private and public interests in Ukraine. The organic connection between property rights and its restrictions (the relationship between rule (freedom) and exceptions) is a key aspect of property relations as a legal institution capable of ensuring the effective development of a market economy (Mattey & Sukhanov, 1999). Keywords: compensation; covid-19; human; law; owners; pandemic; property; property rights; restrictions; state; ukraine
• EU migration policy and migrant human rights: the protection and negation of life at EU borders by Lo Coco, Daniela (2021) - 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. Again, the EU reacted by releasing another policy document known as the GAMM (EC, 2011b), which elevated migrants’ human rights protection. 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
• A Comparative Analysis on International Refugee Law and Temporary Protection in the Context of Turkey by Zenginkuzucu, Dikran M. (2021) - 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; journal; law; non; persons; protection; refugee; rights; seekers; turkey; unhcr
• 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 by Abad Castelos, Montserrat (2021) - 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. However, due, on the one hand, to the fears of the threat of terrorism (albeit legitimate and well-founded) and, on the other hand, to the problems related to evidence, international atrocity crimes are being neglected 61 See UN Analytical Support and Sanctions Monitoring Team, 2018, para. Keywords: crimes; doc; fighters; foreign; ftfs; genocide; human; humanity; international; iraq; isis; report; resolution; rights; states; support; team; terrorist; unitad; unsc; war crimes
• Exploring the use of the concept human dignity in disability human rights law: from UNCRPD to EctHR by Celik, Elif; CELIK, Elif (2021) - Thus, the emphasis here is on the actual role and potential function of human dignity for disability human rights. This case deserves a profound discussion on multiple grounds concerning disability human rights; here, though, it is only invoked in relation to the role of dignity with respect to private life and disability.61 The case involved an applicant who was placed in a social care home established for people with mental disabilities. Keywords: article; case; committee; concept; convention; court; crpd; dignity; disabilities; disability; human; persons; relation; respect; rights; rights journal; rights law; treatment
• Identity of Roma women and processes of international and transitional justice by Jara Gómez, Ana María; Jara Gómez, Ana María (2021) - This is the case of Roma women in Europe. Keywords: Roma Women; Ethnic Identity; Transitional Justice; International Tribunals; European Union Summary: 1. IntroductIon. Keywords: age; crimes; december; doi; european; gender; human; identity; international; issn; journal; justice; law; processes; rights; rights journal; roma; roma women; romani; tahrj.v17.6385; women
• Human rights obligations, especially, in times of crisis by Añón, Maria Jose; AÑON, Maria Jose (2021) - LAFONT Cristina (2020) ’Are human rights associative rights? 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: age; article; committee; covenant; crisis; derogation; general; human; human rights; law; measures; parties; protection; rights; rights journal; rights obligations; social; states
• Freedom of Speech and Expression versus the glorification of acts of terrorism: Defining limits in the Indian context by Chadha, Vaibhav; Chadha, Vaibhav (2021) - The objective of this article is to examine the scope of provisions or laws that may be introduced to prohibit speech glorifying acts of terrorism in India while maintaining a balance with the right to freedom of speech and expression granted under the Constitution of India, 1950. It instils fear in the public not only by making them subject to violence but also gives them a feeling of insecurity.6 In the wake of terrorist attacks, few European countries have in the recent past either enacted or amended existing laws and have targeted speech glorifying acts of terrorism. Keywords: acts; article; court; december; expression; freedom; glorification; human; incitement; india; laws; offence; rights; speech; terrorism
• Transitional Justice, Victims and Human Rights in the Light of International Law and the Inter-American System of Human Rights by Quispe Remón, Florabel; Quispe Remón, Florabel (2021) - It is understood that it is the responsibility of government to assume past human rights violations by adopting the necessary mechanisms to clarify the facts. That is, there is no country that has undergone a transition that has prosecuted each and every perpetrator of human rights violations (let alone punished them in proportion to the gravity of the harm they caused); that has implemented a truth- seeking strategy that disclosed the fate of each and every victim or thoroughly identified the structures that made the violations possible; that has established a reparations program providing each and every victim with benefits proportional to the harm he or she suffered; or that, particulary in the short run, has reformed each and every institutions that was implicated in the violations in question” (DE GRIEFF, 2012, p. 35). 2.3.2. Keywords: american; caso; costa; court hr; human; inter; josé; justice; law; para; rights; rights journal; rights violations; san; state; truth; victims; violations; vs.
• Human Rights in Times of the Pandemic: A Dialogue on Migration and Indigenous Rights in Brazil before the Regional Inter-American System by Leidens, Letícia Virginia; Noschang , Patricia Grazziotin; Leidens, Letícia Virginia (2021) - A DIALOGUE ON MIGRATION AND INDIGENOUS RIGHTS IN BRAZIL BEFORE THE REGIONAL INTER-AMERICAN SYSTEM LETÍCIA VIRGINIA LEIDENS1; PATRICIA NOSCHANG GRAZZIOTIN2 Abstract: This paper using the deductive method of approach based on regional scope for the protection of human rights, aims to demonstrate that the Brazilian state actions took during the pandemic, in terms of strategies, policies and measures to deal with the COVID-19 pandemic had severe consequences specially for indigenous and migrants population in Brazil, increasing the level of vulnerability of that population in its territory. It will also consider that in spite of adhering the unconditional observance of inter-American and international standards on human rights, the Brazilian government ignored such agreements and therefore causing social economic losses and about hundreds of deaths. Keywords: brazil; commission; covid-19; december; doi; federal; government; human; international; issn; migrants; pandemic; peoples; rights; rights journal; state; system
• Costly Signals? : Democracy Aid Shocks and Political Repression, 1981-2013 by Scott, James; Hernandez, Allegra; Scott, James (2021) - 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; civil; democracy aid; effects; human; journal; models; performance; recipient; regime; rights; rights journal; rights performance; scott; society; society aid; society democracy; studies
• Right to Health Care: The Practice of the ECTHR and the Case of Ukraine by Yaroshenko, Oleg; Steshenko, Volodymyr ; Tarasov, Oleh ; Nurullaiev, Ilkin ; Shvartseva, Mariia ; Yaroshenko, Oleg (2022) - 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; european; health care; human; law; life; medical; practice; right; rights journal; ukraine
• Fifteen Years of Right to Information Act in India: A Long Way to Go by Singh, Pushpraj (2021) - 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. Information officers have to look after their daily work as well as the work of RTI and this double burden affects the work of RTI. Keywords: act; applications; government; human; india; information; information act; journal; law; public; right; rti; rti act; state; transparency
• The Right to Participate in Political and Decision-Making Process under the Maputo Protocol: Normative Masculinity and Nigerian Women by Eni, Onyekachi; Nnam, Macpherson Uchenna; Udu, Eseni Azu; Eni, Onyekachi (2022) - 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; normative; participation; politics; process; protocol; public; rights; women
• International Practice of Human Rights as Legal Demand-Rights: A Critical Approach by Dávila, Johnny Antonio; Dávila, Johnny Antonio (2022) - In this sense, she considers that legal human rights exist and that human beings have the legal standing to demand respect for these rights only because states allow it through joint commitments among states (Gilbert, 2018: 332-33). By contrast to Gilbert, I take the view that moral considerations are decisive for the existence of legal human rights and for granting the legal standing to demand respect for them. Keywords: approach; commitments; demand; gilbert; human; practice; respect; rights; rights practice; standing; states
• Collection and Use of Information by Counter-Intelligence in the Context of Human Rights Protection by Dimich, Antonina; Petrov, Valentyn ; Sliusarchuk, Ivan ; Mishchyshyn, Nataliia ; Fornolyak, Valentyna ; Dimich, Antonina (2022) - “Information rights and freedoms of human and citizen of Ukraine: definition of terms, correlation of concepts”, Informatsiia i Pravo, 2 (25), pp. 17-30. 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). Keywords: counter; data; human; information; intelligence; law; protection; rights; security; state; ukraine
• Human trafficking in West Africa: An implementation assessment of international and regional normative standards by Ogunniyi, Daniel; Idowu, Oladimeji; Ogunniyi, Daniel (2022) - 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. Legislative Prohibition of Human Trafficking in Senegal As earlier indicated, article 5 of the Palermo Protocol urges states parties to ‘adopt such legislative and other measures’ to criminalise human trafficking. Keywords: act; africa; children; ghana; human; nigeria; palermo; persons; protocol; rights; senegal; states; trafficking; victims; west; west africa
• Correlation of Administrative Definitions of Refugees and Internally Displaced Persons: Compliance with International Standards by Gerasymenko, Yevgen; Zadyraka, Nataliia ; Georgiievska, Viktoriia ; Kovalenko, Nataliia ; Leheza, Yulia ; Gerasymenko, Yevgen (2022) - The definition of IDPs formulated in Part 1, Article 1 of the Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons” does not explicitly exclude such persons. 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
• Conceptualizing Human Rights Remarks on the ‘Genus’ and Distinguishing Features of Human Rights by Szerletics, Antal; Szerletics, Antal (2022) - Human rights have a distinct political function In recent years, several authors (Rawls 1999; Ignatieff 2001; Beitz 2009; Raz 2010) have argued that human rights primarily have a political character, and that their conceptualization is incomplete without acknowledging their distinct political function. 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. Keywords: cruft; duties; human; oxford; position; rights; theory
• Women´s Representation and Rights in the African Court by Chenwi, Lilian; Chenwi, Lilian (2022) - Keywords: African Court, African Human Rights Court, gender equality, women’s representation, women’s rights, human rights in Africa, access to justice, legal costs. Bringing Legal Matters/Cases on Women’s Rights: Some Constraints ‘[A]ccess to regional and international human rights institutions usually is beyond the reach of millions of African women suffering from discrimination, violence and oppression’.76 Various factors limit the ability to bring legal matters/cases relating to women’s rights before the ACtHPR. Keywords: access; acthpr; african; african union; article; charter; court; equality; gender; human; ibid; laws; paragraph; peoples; protocol; representation; rights; rights journal; states; vagrancy; women
• Judicial Balacing of Parental Objection to Medical Treatment on the Basis of Religious Beleifs and Children Right to Life in Nigeria by Eyongndi, David Tarh-Akong; Adeniji, Samuel A. (2022) - 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; children; court; decision; human; interest; journal; law; life; medical; nigeria; patient; religion; right; rights journal; treatment
• Hate Speech and Binary Exclusions in Europe: A Digital and Communicative Approach by Galdámez Morales, Ana (2022) - These questions are addressed in this work, from a Spanish and European normative and jurisprudential framework that frames the idea of hate speech as a possible limit to free speech. 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. Keywords: age; case; court; digital; discrimination; doi; ecthr; europe; freedom; gender; hate; hate speech; human; issn; journal; june; orientation; rights; social; speech
• Intersex Legal activism. United Nations on the Human Rights of Intersex People by Winter Pereira, Luisa (2022) - In the case at hand, i.e. violations of the rights of intersex children, the CRC bases its observations on Article 24.3 of the Convention on the Rights of the Child, according to which “States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children” in relation to General Comment 18 on non-discrimination. The countries analysed by the CRC since 2015 in relation to intersex children have been Switzerland, Chile, France, Ireland, United Kingdom, Nepal, New Zealand, South Africa, Denmark, Spain, Argentina, Belgium, Italy, Malta, Portugal, Australia, and Austria. Keywords: age; children; committee; discrimination; human; intersex; nations; people; persons; report; rights; states; treatment; united; violence; women
• 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 by Torres Pérez, Maria; Torres Pérez, Maria (2022) - 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; available; council; december; decision; european; human; measures; regime; rights; rights violations; union; violations
• The SDGS and Human Rights Key Instruments in the Response and Recovery from the Pandemic by Aparicio Chofré, Lucía (2022) - 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. Next, the Sustainable Development Goals and Human Rights are presented as key instruments to guide the construction of a new model that leaves no one behind and increases our resilience. Keywords: age; crisis; development; doi; economic; future; global; human; issn; journal; june; key; nations; new; pandemic; people; response; rights; rights journal; sdgs; tahrj.v18.7105; time; united; world
• Promoting the Defence´s Role in the Preliminary Investigation, a Challenge in Maghrebian Criminal Proceedings by Hatim, Anouar; Miloudi, Mohammed; El Araj, Najib; Hatim, Anouar (2022) - 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; journal; lawyer; morocco; police; procedure; rights; role; torture; trial
• Progress and Challenges for the Recognition, Protection and Promotion of Indigenous Women’s Human Rights in the Inter-American System by Cruz Ángeles, Jonatán; Cruz Ángeles, Jonatán (2022) - 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; human; inter; issn; members; peoples; protection; recognition; rights; rights journal; state; system; violence; women
• Well-Founded Fear in International Refugee Law: A Feminist Approach by Zamora Gómez, Cristina María; Zamora Gómez, Cristina María (2022) - 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: age; applicant; approach; article; asylum; december; directive; element; fear; gender; human; journal; law; orientation; persecution; refugee; rights; risk; status; unhcr
• Cross-Embedded Relationship Nature of Human Rights-Related Treaties and Instruments with Environment-Related Sustainable Development Goals by Suresh, B. ; Sundaram, Asha; B. Suresh (2022) - KNOX, J.H. AND MORGERA, E. (2022) Human rights and the environment– The interdependence of human rights and a healthy environment in the context of national legislation on natural resources. IHR reinforces SDGs, and it is possible to achieve SDGs only when principles of participation, accountability and non-discrimination are respected. Keywords: art; cer; core hr; environment; general; human; human rights; ihr; international; rights; rights journal; sdg; states; t&i; un human
• The Persisting Menace of Child Marriage: An Account of Non-Legal Factors Contributing to Ineffectiveness of Legal Frameworks by Darakhshan Kishwar, Sanya ; Sanya Darakhshan Kishwar (2022) - 93-119 ISSN: 2340-9592 DOI: 10.17561/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; children; conflict; crc; factors; girls; human; international; journal; marriages; minimum; non; rights; states; vol; years
• Poverty as a Matter of Justice by Ribotta, Silvina; Ribotta, Silvin (2023) - 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). They should do this by implementing suitable redistributive measures based on consistent and sound tax policies and turning the effectiveness of social rights into the core of public policies (Alston, 2015; Alston & Reisch, 2019). Keywords: capabilities; cohen; freedom; human; inequality; justice; life; needs; opportunity; oxford; poverty; press; resources; ribotta; rights; sen; social; tahrj.v20.7327
• Ensuring the Cultural Rights of Kurdish Minority in Türkiye: Necessity, Challenges, Solutions by Fazaeli, Mostafa; Karami, Mousa; Fazaeli, Mostafa (2023) - 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: culture; diversity; ensuring; groups; human; international; kurdish; kurds; law; minorities; minority; minority rights; rights; rights journal; tahrj.v20.7329; turkish; türkiye
• A Study on the Human Rights Situation in Kirkuk by Shareef, Sanh; shareef, sanh (2023) - 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; federal; freedom; government; groups; human; international; iraq; june; kirkuk; kurdish; law; people; province; rights; rights journal; security; tahrj.v20.7374; violations
• Human Duties and Rights in an Intercultural Perspective by Bea, Emilia (2022) - 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; community; cultures; december; declaration; derechos; dialogue; doi; duties; human; individual; intercultural; issn; los; perspective; responsibilities; rights; rights journal; tahrj.v19.7375; universal
• Role of Human Rights Indicators in National Action Plans on Business and Human Rights: Comparative analysis of Finland and Spain by Avellaneda-San-Antonio, Silvia; Avellanda San Anotnio, Silvia (2023) - 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; development; dihr; finland; hris; human; indicators; june; naps; ohchr; plan; rights; rights indicators; spain; tahrj.v20.7500
• Justiciability of Socioeconomic Rights in Nigeria and Its Critics: Does International Law Provide any Guidance? by Nnamuchi, Obiajulu (2022) - 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; economic; general; human; international; justiciability; law; nigeria; rights; rights journal; section
• From Structural Discrimination to Intersectionality in the Inter-American System of Human Rights: Unravelling Categorical Framings by Gebruers, Cecilia; Gebruers, Cecilia (2023) - 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
• The Fulfilling Right to Education for Rohingya Refugee Children in Indonesia by Rumiartha, I Nyoman Prabu Buana; Jayantiari, I Gusti Agung Mas Rwa; Rumiartha, I Nyoman Prabu Buana (2023) - That there are several studies that discuss human rights related to the protection rights of refugees, namely the research article Yessi Adeyna Saputri, which discusses Unicef's efforts in treating rohinggya child refugees in Bangladesh in 2017-2018, in this research the focus is on discussing UNICEF's efforts in dealing with child refugees in Bangladesh in 2017-2018 as an international organization that became a humanitarian actor/actor with emergency financial assistance that succeeded in meeting some of the emergency needs for Rohingya refugee children who had just arrived as refugees, creating a protection program for Rohingya refugee children in refugee camps, namely: Child Friendly Space by building 97 rooms for Rohingya refugee children and Adolescent Space by building 309 youth group rooms located in several refugee camps.16 Furthermore, there is research from Esraa Adnan Fangary, which discusses the protection of asylum seekers, the IACtHR has promoted a sustained approach of protection of asylum seekers’ and refugees’ rights in Latin America. Furthermore, for Rohingya refugees who are already in Indonesia, they are given humanitarian protection, including fulfilling the right to education for Rohingya refugee children, even though Indonesia is not yet a state party to the 1951 convention on refugee status and the 1967 protocol, and does not yet have a system for determining refugee status. Keywords: convention; education; human; indonesia; international; protection; refugee children; refugees; rights; rights journal; rohingya; rohingya refugee
• Sexual Orientation Discrimination and Autonomy of Religious Groups in the Inter-American Case Law by Arlettaz, Fernando; Arlettaz, Fernando (2023) - They complained before the Inter-American Commission on Human Rights, which considered that the decision to prohibit Ms Pavez from teaching Catholic religion was contrary to Inter-American Human Rights standards and sued the Chilean State before the Inter-American Court. 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. Keywords: american; application; autonomy; case; court; discrimination; ecthr; groups; human; iacthr; international; law; non; orientation; para; pavez; public; rights; state; tahrj.v20.7695
• Information Human Obligations: State and Prospects of Doctrine Interpretation by Tykhomyrov, Oleksandr O.; Tykhomyrov, Denys O.; Radovetska, Liudmyla V. ; Vatral, Antonina V. ; Tykhomyrov, Oleksandr O. (2023) - 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
• Protection of Rights of Internally Displaced Persons amid Military Aggression in Ukraine by Izarova, Iryna; Prytyka, Yurii; Uhrynovska, Oksana; Shestopalov, Nazar; Izarova, Iryna (2023) - 15 In 2014, the territory of Ukraine was occupied, namely the Crimea was annexed, as well as the Eastern territories of Ukraine. http://10.17561/tahrj.v20.7711 Protection of rights of internally DisPlaceD Persons amiD military aggression in Ukraine The Age of Human Rights Journal, 20 (June 2023), e7711 ISSN: 2340-9592 DOI: 10.17561/tahrj.v20.7711 6 Glossary on Migration (IOM, 2019) and Guiding Principles on Internal Displacement (UN, 2004), annexed to the United Nations Commission on Human Rights contains the following notion of IDPs: IDPs – persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular because of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border. displaced persons – persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, either across an international border or within a State, in particular because of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters16. 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
• Assembling Containment at European Union Borders: Between Inclusion and Exclusion by Reviglio Della Veneria, Martino; REVIGLIO DELLA VENERIA, Martino (2024) - These opposing approaches are based on different normative outlooks that recognise a universal understanding of human rights and a statist one that recognises the state as the ultimate authority to initiate human rights protection. The article suggests that the EU and its member states design migration governance policies on an instrumental assemblage of borders, territory and human rights. Keywords: assemblage; borders; concept; european; exclusion; governance; human; international; journal; law; migration; rights; state; territory
• Protecting Vietnam’s Sovereignty in Cyberspace: Insights from Human Right Laws by Thi Anh Vu, Thu; Thi Anh Vu, Thu (2023) - Consequently, the preservation of the cyber infrastructure network is an essential activity for safeguarding cyberspace state sovereignty. In order to protect state sovereignty in cyberspace, Vietnamese law has placed restrictions on the right to online free expression. Keywords: article; cybersecurity; cyberspace; expression; freedom; human; human rights; information; international; internet; law; laws; national; order; rights; security; sovereignty; state; state sovereignty; vietnam
• The Right to Universal Accessibility by de Asís Roig, Rafael; de Asís Roig, Rafael (2023) - If the history of human rights can be described as a fight against discrimination, it is fair to say that accessibility (or access to the enjoyment of rights) has played a major role. In this sense she notes that “this claim of self-evidence, crucial to human rights even now, gives rise to a paradox: if equality of rights is so self-evident, then why did this assertion have to be made and why was it only made in specific times and places? Keywords: accessibility; accommodation; article; design; disabilities; human; persons; rights; sense; universal
• Overcoming Resistance to Climate Action in the Global North: The Potential of Using Human Rights as a New Paradigm for Climate Communication by García Juanatey, Ana; Steible, Bettina; De Vita, Ilaria; García Juanatey, Ana (2024) - Yet, as the roles of the different actors are permeable, villains, rather than being ostracized, should be held accountable, both morally and legally, in line with human rights values and obligations. Human rights values rest on the concepts of universality and humanity shared by all people. Keywords: action; age; climate; climate action; climate change; climate communication; e7967; emotions; human; journal; narratives; people; rights; rights journal; social; values
• Realising Female Inheritance Rights in South Eastern Nigeria: The Imperativeness of Going beyond Legal Rhetoric by Eyongndi, David Tarh-Akong; Opara, Faith Nwayemogho ; Oladele, Olayiwola Owoade ; Agbu, David Andrew ; Ajayi, Mary-Ann Onoshioke ; Eyongndi, David (2024) - Notwithstanding the above position on Igbo customary inheritance practices, there are other customary inheritance practices in Nigeria, owing to her legal pluralism, that are worthy of holistic examination to ascertain their effects on the society and need for amendments, if any. This paper argues that stemming the negative tides of discriminatory customary inheritance law and practices in Nigeria requires more than judicial pronouncements, has been done by the Supreme Court of Nigeria, given the unalloyed allegiance that the people, especially in rural South-eastern Nigeria have towards their customs. Keywords: court; deceased; discrimination; estate; family; female; human; igbo; inheritance; inheritance rights; journal; law; nigeria; practice; rights; rights journal; south; system; women
• The Prohibition of Torture from a Human Rights Perspective: Fiction or Reality in the Current Rule of Law by Angulo López, Geofredo; Angulo López, Geofredo (2023) - Article 2.2 of the UN Convention against Torture (1985) expressly states that no exceptional circumstances whatsoever, such as a state of war or threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture or any other act that violates the dignity and integrity of the person. 12 Article 7 of the Rome Statute states that: “Torture means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; however, torture shall not include pain or suffering arising only from lawful sanctions or being the normal or incidental consequence thereof” (UN, 1999). Keywords: acts; age; case; de la; december; del; derechos; doi; e7987; human; humanos; international; issn; law; mexico; person; prohibition; reality; rights; rights journal; rule; state; tahrj.v21.7987; torture; treatment; victims
• Disinformation, Misinformation and Limits on Freedom of Expression During the Covid-19 Pandemic: A Critical Inquiry by García Ruiz, Leopoldo; García Ruiz, Leopoldo (2023) - EUROPEAN COMMISSION (2020a): “Tackling COVID-19 disinformation - Getting the facts right”, Joint Communication to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, June 10, JOIN(2020) 8 final, https://eur-lex.europa.eu/ legal-content/EN/TXT/HTML/?uri=CELEX:52020JC0008. In parallel to this body, the Disinformation Governance Board (DGB) was created in April 2022 within the Department of Homeland Security to openly pursue disinformation speeches among the national population. Keywords: age; censorship; content; council; covid-19; covid-19 pandemic; december; disinformation; doi; european; expression; fact; freedom; human; issn; journal; law; limits; media; pandemic; platforms; public; rights; social; states; tahrj.v21.8149
• Doctrinal Debate on the Age of Contracting of Marital in Ibero-America by Aboi-Rubio, Diego; Salido, Mercedes ; Aboi, Diego (2023) - Keywords: Child marriage, forced marriage, early marriage. Child marriage as a cross-sectoral reality. Keywords: america; article; child marriage; debate; december; doctrinal; doi; education; girls; human; ibero; infantil; issn; journal; latin; marriage; matrimonio; rights; tahrj.v21.8150; target; violence
• ‘So…What Exactly Is To Be Done?’: The National Implementation of Reasonable Accommodations for Persons with Disabilities According to the United Nations Human Rights System by Marchant, Eduardo; Marchant, Eduardo (2024) - More generally, the problems faced by States concerning RAPD have also been noted by the Office of the United Nations High Commissioner for Human Rights, which states in a 2016 report that ‘reasonable accommodation is usually absent in legislation, or is misconstrued or confused with other concepts, such as accessibility’ (Human Rights Council 2016: para. 22). Against this background, at least three UNHRS bodies have provided useful and relevant guidelines regarding specific measures that States should take to ensure RAPD provision: the Committee on the Rights of Persons with Disabilities (CRPD Committee), the Special Rapporteur of the Human Rights Council on the rights of persons with disabilities (Special Rapporteur), and the Office of the United Nations High Commissioner for Human Rights (OHCHR). Keywords: bodies; committee; crpd; disabilities; discrimination; duty; human; implementation; nations; para; persons; rapd; rapd implementation; rights; rights council; rights journal; united
• Online Misogyny and the Law: Are Human Rights Protected on the Net? by Pérez de la Fuente, Oscar; Perez de la Fuente, Oscar (2023) - From trolling to toxic masculinity, online settings are often riddled with misogyny and abuse capable of harming both men and women. This conduct not only promotes gender stereotypes, but also creates a society where violence against women is accepted. Keywords: age; december; discrimination; doi; e8270; gender; harassment; hate; human; internet; issn; journal; law; masculinity; media; misogyny; online; online misogyny; rights; sexism; speech; violence; women
• Legal Protection of the Right to Freedom and Personal Integrity of the Citizens of Ukraine (Private and Public Aspect) by Hrynko, Svitlana ; Hrynko, Ruslan; Levytskyi, Maksym; Makovskyi, Artem; Bilovskyi, Oleksandr ; Makovskyi, Artem (2024) - Omelchuk and his co-authors (Omelchuk, et al., 2021) investigated the international aspect of human rights protection in the context of the development of the rule of law principle, in particular it was established that in the European region a large role in the development and interpretation of the concept of the rule of law is played by its judicial interpretation, as well as the indicators of the measurement of the rule of law index in the country and their analysis were characterized in the dynamics at the international level and the distribution of the rule of law index by factors in Ukraine. All of this together underscores the need for a comprehensive study of private law protection of the right to freedom and personal inviolability of a natural person, as most problems related to the protection of personal non-property rights remain unresolved. Keywords: article; citizens; court; freedom; human; integrity; international; inviolability; law; person; protection; right; torture; treatment; ukraine
• Intersecting Visions of Justice: The Philosophical Tapestry of Human Rights and Human Nature in the Thoughts of Macintyre, Arendt, Nino, and Habermas by Arrieta-López, Milton; Certain-Ruiz, Roberto ; Arrieta-López, Milton (2024) - Intersecting Visions of Justice: The Philosophical Tapestry of Human Rights and Human Nature in the Thoughts of MacIntyre, Arendt, Nino, and Habermas The Age of Human Rights Journal, 22 (June 2024), e8430 ISSN: 2340-9592 DOI: 10.17561/tahrj.v22.8430 1 INTERSECTING VISIONS OF JUSTICE: THE PHILOSOPHICAL TAPESTRY OF HUMAN RIGHTS AND HUMAN NATURE IN THE THOUGHTS OF MACINTYRE, ARENDT, NINO, AND HABERMAS MILTON ARRIETA-LÓPEZ1, ROBERTO CERTAIN-RUIZ2 Abstract: This study explores the philosophical foundations of human rights concerning freedom, equality, and solidarity through the lenses of Iusnaturalism, Iuspositivism, and Ethical Constructivism, with a special focus on Alasdair MacIntyre, Hanna Arendt, Carlos Santiago Nino, and Jürgen Habermas. This research navigates the dynamic interplay of these theories, offering a multi-dimensional perspective on the evolution, validation, and application of human rights in contemporary society. Keywords: action; age; arendt; doi; e8430; habermas; human; individuals; issn; june; justice; law; macintyre; moral; morality; nature; nino; rights; rights journal; social; theory
• Unlimited Semiosis, Encyclopaedic Semantics, and Interpretation of Rights by Zezza, Michele; Zezza, Michele (2024) - 4 On the peculiarities of legal language and legal interpretation, see Canale (2012: especially 158). problems whose solution often requires (or suggests) freeing oneself from the typical technicalities of legal interpretation of infra-constitutional nature, to instead resort to peculiar techniques such as proportionality or balancing; equitable or practical reasonableness; to various tools of “integration” and “construction” of law that in the philosophical-juridical debate tend to be ascribed to the concept of interpretation only in a broad sense.9 A significant feature of constitutional interpretation10 is the greater intensity and assiduity with which it may encounter “essentially controversial concepts” (see Gallie 1956): polysemous notions, used in different contexts (moral, political, legal etc.) with sometimes significantly different meanings, and often emotionally connoted; terms whose semantic extension makes any attempt at definition or cataloguing particularly problematic. Keywords: age; december; doi; e8512; eco; field; https://doi.org/10.17561/tahrj.v22.8512; human; interpretation; issn; language; law; meaning; object; press; principles; provisions; rights; rights journal; semantics; semiosis; sign; tahrj.v23.8512; terms; theory; university; unlimited
• Redefining Protection: Challenges and Solutions in Safeguarding Religious Minorities within International and Regional Legal Frameworks by Shareef, Sanh; shareef, sanh (2024) - Furthermore, comparative analysis is employed to assess the effectiveness and limitations of various legal frameworks in protecting religious minority rights. This would provide a unified framework for protecting religious minority rights on a global scale, promoting greater consistency and accountability in their legal treatment across different countries and regions. Keywords: article; challenges; december; definition; discrimination; frameworks; freedom; groups; human; instruments; international; law; minorities; minority; minority rights; protection; religion; rights; rights journal; safeguarding; states
• Gender-Based Violence in International Human Rights Law – The Efficacy of the United Nations Human Rights Legal Framework and CEDAW in Addressing the Issue by Deane, Tameshnie; Deane, Tameshnie (2024) - https://doi.org/10.17561/tahrj.v23.8662 Gender-Based Violence in international Human riGHts law – tHe efficacy of tHe united nations Human riGHts leGal framework and CEDAW in addressinG tHe issue The Age of Human Rights Journal, 23 (December 2024), e8662 ISSN: 2340-9592 DOI: 10.17561/tahrj.v23.8662 12 Unlike previous recommendations on VAW, like General Recommendation No. 12 on VAW, (UN CEDAW Committee, 1989), GR 19 defined VAW and targeted its root causes within the inequality framework. https://doi.org/10.17561/tahrj.v23.8662 https://ohrh.law.ox.ac.uk/cedaw-committee-general-recommendation-on-violence-against-women-updated https://ohrh.law.ox.ac.uk/cedaw-committee-general-recommendation-on-violence-against-women-updated https://www.birmingham.ac.uk/Documents/college-social-sciences/social-policy/iris/2019/iris-working-papers-28-2019.pdf https://www.birmingham.ac.uk/Documents/college-social-sciences/social-policy/iris/2019/iris-working-papers-28-2019.pdf http://www.un.org/en/ga/about/background.shtml http://www.un.org/en/ga/about/background.shtml https://press.un.org/en/2016/gashc4166.doc.htm Gender-Based Violence in international Human riGHts law – tHe efficacy of tHe united nations Human riGHts leGal framework and CEDAW in addressinG tHe issue The Age of Human Rights Journal, 23 (December 2024), e8662 ISSN: 2340-9592 DOI: 10.17561/tahrj.v23.8662 26 UN CEDAW Committee. Keywords: article; cedaw; cedaw committee; committee; convention; discrimination; gender; general; human; human rights; international; rights; states; un cedaw; un general; un human; vaw; violence; women
• Proportionality Analysis and Non-refoulement Jurisprudence in India: A Comparative Approach by Ahmed, Sabreen; ahmed, sabreen (2024) - This would allow the court to apply Wednesbury analysis in non-human rights cases, sub-Wednesbury in qualified human rights cases and as the intensity of violation increases (absolute rights), apply true proportionality analysis. The newfound limb of the ‘minimum severity test’ in non-refoulement cases, not only defeats the point of the absolute nature of the right under Art 3 of the ECHR but also creates a confusing balancing mechanism for non-refoulement rights. 1.3. Keywords: approach; art; cases; court; human; india; journal; jurisprudence; law; national; proportionality; proportionality analysis; refoulement; review; rights; rights journal; state; test; wednesbury
• First NGOs in the League of Nations: Lessons to be Learned by García Ruiz, Carmen Rocío; García Ruiz, Carmen Rocío (2025) - This led to the emergence of the first associations between states, known as international organisations. It is in these spheres that the role of non-governmental organisations and their relationship with international organisations can clearly be observed. Keywords: age; doi; e9263; https://doi.org/10.17561/tahrj.v24.9263; human; international; issn; journal; june; law; league; movement; nations; ngos; non; organisations; peace; rights; society; states; tahrj.v24.9263
• Human Right to Health, Social Rights and Human Dignity versus Relativist Challenge of Neoliberal Capitalism by Zhussipbek, Galym; Zhussipbek, Galym (2025) - In adjudicating health rights, lawyers should scrutinize decision- making through the lens of health equity and equality to better achieve the inherent values of “health human rights” (Flood & Gross, 2014). Nevertheless, health rights still face many challenges. Keywords: age; capitalism; december; development; dignity; doi; e9272; empathy; health; health care; health rights; https://doi.org/10.17561/tahrj.v25.9272; human; issn; law; principle; public; rights journal; services; system; understanding; world
• Unlocking Justice: Access to Court and Litigation Costs Under the European Convention on Human Rights by Djajić, Sanja; Djajic, Sanja (2025) - Litigation costs are understood as all necessary or unavoidable expenses incurred during legal proceedings such as court costs (court filing fees and stamp duties), representation fees (including lawyers’ fees), expenses related to gathering evidence, and other procedural costs (e.g. security for costs, conditional fee arrangements, and success fees). This broad term typically includes court costs, representation fees (such as lawyers’ fees), and expenses related to gathering evidence, collectively representing the financial burden associated with litigation (Reinman 2012, p. 8). Keywords: access; application; article; convention; costs; court; court fees; croatia; ecthr; fees; human; litigation costs; para; rights; state
• Examining Refugees’ Personal Identity Rights in Light of ECHR Articles 3 and 8 and Relevant ECtHR Decisions by Uzun, Ekin Deniz; Uzun, Ekin Deniz (2025) - Examining Refugees’ Personal Identity Rights in Light of ECHR Articles 3 and 8 and Relevant ECtHR Decisions The Age of Human Rights Journal, 25 (December 2025), e9360 ISSN: 2340-9592 DOI: 10.17561/tahrj.v25.9360 1 EXAMINING REFUGEES’ PERSONAL IDENTITY RIGHTS IN LIGHT OF ECHR ARTICLES 3 AND 8 AND RELEVANT ECTHR DECISIONS EKIN DENIZ UZUN* Abstract: This article explores the concept of personal identity concerning refugees. Yet, upon departure and border crossing from where they have already faced persecution, refugees become de facto refugees, according to the United Nations High Commissioner for Refugees (UNHCR) (UNHCR, 1992). Keywords: age; article; asylum; case; convention; court; december; doi; e9360; echr; european; european court; example; https://doi.org/10.17561/tahrj.v25.9360; human; identity rights; international; issn; law; life; para; protection; refugees; rights; rights journal; rights law; society; state
• Individuals in International Law: A Historical Shift towards Agency by Seron Arizmendi, Natale; Seron, Natale (2025) - Elaborating on the limitations of the State- solo legal doctrine, this article provides insights into the evolution of the individual’s legal personality in international law, highlighting the decline of State-centrism and the rise of new actors and principles. IntroductIon The traditional conception of international law was characterised by an inter-State structure that perceived the nation-state as the solo subject of the global legal framework. Keywords: actors; age; agency; community; december; doi; e9536; global; human; individual; international; journal; law; new; ngos; personality; rights; rights journal; shift; state; subjectivity; subjects; tahrj.v25.9536
• Racism in the Digital Age: The Impact of Social Media Algorithms on Public Discourse by Solanes Corella, Ángeles; Hernández Moreno, Nacho; Hernández, Nacho (2025) - Furthermore, it discusses various types of algorithmic bias and their impact on racial inequalities, analyzing how social media platforms facilitate the spread and normalization of racist http://10.17561/tahrj.v25.9603 Ángeles solanes Corella, naCho hernÁndez Moreno The Age of Human Rights Journal, 25 (December 2025), e9603 ISSN: 2340-9592 DOI: 10.17561/tahrj.v25.9603 3 content. This phenomenon is particularly evident in digital environments, where social media platforms mediate political discourse through algorithmic amplification. Keywords: age; algorithms; bias; biases; content; december; digital; discourse; doi; e9603; http://10.17561; human; issn; journal; media; media algorithms; platforms; racism; rights; social; sphere; tahrj.v25.9603; users
• Where Have Girls Been? Lessons Learned and Challenges in the Agenda for combating Sexual Violence in the Inter-American Court of Human Right by Ronconi, Liliana; Ronconi, Liliana (2025) - Facts oF the cases oF sexual vIolence agaInst gIrls In the Iacthr The Court has reviewed this violence on three recent occasions.12 All of these cases involved girls who were victims of sexual violence by a family member or an authority figure. Firstly, it is not clear why only those officials involved in sexual violence cases should receive training; in fact, all personnel in the justice system should be educated. Keywords: acts; age; american; case; court; e9714; gender; girls; human; inter; journal; par; rights; sexual; standards; state; violence; vs.; women
• BCI, Personal Identity and Autonomy. Ulysses on the Ship of Theseus by Morente Parra, Vanesa; Morente Parra, Vanesa (2025) - Perhaps BCI systems (Brain-Computer Interfaces) best represent, more than any other “technical act,” the hybridization between the human being and technique, as they constitute the highest expression of a symbiotic relationship between the human, the machine, and the virtual world.2 Aristóteles (1986), La Política, Alianza, Madrid, p. 62 (1253 a.) https://doi.org/10.17561/tahrj.v25.9773 https://www.cambridge.org/core/journals/cambridge-quarterly-of-healthcare-ethics/article/when-two-become-one-singular-duos-and-the-neuroethical-frontiers-of-braintobrain-interfaces/4416F124088FF38A262A5BD62F55750A https://www.cambridge.org/core/journals/cambridge-quarterly-of-healthcare-ethics/article/when-two-become-one-singular-duos-and-the-neuroethical-frontiers-of-braintobrain-interfaces/4416F124088FF38A262A5BD62F55750A https://www.cambridge.org/core/journals/cambridge-quarterly-of-healthcare-ethics/article/when-two-become-one-singular-duos-and-the-neuroethical-frontiers-of-braintobrain-interfaces/4416F124088FF38A262A5BD62F55750A Vanesa Morente Parra The Age of Human Rights Journal, 25 (December 2025), e9773 ISSN: 2340-9592 DOI: 10.17561/tahrj.v25.9773 3 For now, we can only affirm that BCI systems are the most relevant techniques among the so-called “neurotechnologies,” which in turn refer to the devices and procedures used to access, control, investigate, evaluate, manipulate and/or emulate the structure and function of the neural systems of animals or human beings.4 Keywords: age; article; autonomy; bci; bcis; brain; data; december; doi; e9773; freedom; https://doi.org/10.17561/tahrj.v25.9773; human; identity; interfaces; issn; journal; person; regulation; rights; systems; ulysses; use; write
• A One Health Approach to Food Safety and the Right to Health in a Global Governance by Arriola Echaniz, Naiara; Arriola, Naiara (2025) - In the context of global food safety and the right to health, the most instructive and paradigmatic food safety cases are the European Communities – Hormones dispute and the European Communities – Biotech Products dispute. Global food safety standards. Keywords: agreement; approach; december; e9797; esg; food; food safety; framework; global; governance; health; health approach; human; international; journal; july; law; organization; rights; rights journal; sps; standards; trade; world; wto

• Ten Guidelines for the Correct Interpretation of Rights by De Asís Roig, Rafael (2013) - 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; theory
• The Crisis of State Sovereignty and Social Rights by Staiano, Sandro (2014) - THE ISSUE OF SOCIAL RIGHTS The issue of the universalization of social rights and its tension with the integration process, if used as a reference point while considering the path from the Treaty to the Constitution, highlight some questionable stances which have confronted each other in the analysis of the European phenomenon. THE CRISIS OF STATE SOVEREIGNTY AND SOCIAL RIGHTS The Age of Human Rights Journal, 2 (June 2014) Keywords: age; boundaries; constitution; crisis; european; june; law; market; order; process; protection; rights; rights journal; sovereignty; state; systems; treaty
• Borders, Violence, Law by De Lucas, Javier (2014) - 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
• The Challenge of the Cultural Diversity in Mexico Through the Official Recognition of Legal Pluralism by Israel Herrera, José (2015) - It has been suggested that perhaps we can speak of a “multicultural model emerging regional” model described by Van Cott consists of five elements: “the rhetorical recognition of the multicultural nature of their societies and the existence of local indigenous peoples as distinct, the recognition of the customary law of indigenous peoples as official public law (protected in Articles 8-9 of ILO Convention 169), the collective property rights protected in the sale, fragmentation or confiscation of lands, the status or official recognition of indigenous languages and bilingual education guarantees. In the second case, in the repealed document of 1992, the multicultural nature of the Mexican nation was recognized as well as its obligation to protect and promote the distinctive characteristics of indigenous peoples and moreover, ensure their access to state jurisdiction. Keywords: age; cultural; groups; herrera; journal; june; justice; law; mexican; mexico; peoples; pluralism; quintana; recognition; rights; roo; state
• The Right to Secession in the Framework of Liberal Democracies and the Legitimacy of a Unilateral Declaration. The Case of Catalonia by Ridao Martín, Joan (2015) - Autonomy is the best prevention against the demands of secession». [visited: 25th of October 2014] 14 For a general overview of the case of Kosovo, see M. Arcari; L. Balmond: «Questions de droit international autour de l’avis consultative de la Cour Internationale de Justice – International law issues arising from the International Court of Justice advisory opinion on Kosovo», L. Balmond; M. Arcari; E. Milano; M. Pertile; J. Martin; P. Palchetti; W. Czaplinski; M. Vitucci; and A. Tancredi: Declarations of independence and territorial integrity in general international law: some reflections in light of the Court’s advisory opinion, Giuffré, 2011, pp. Keywords: case; catalan; constitution; court; declaration; european; independence; international; june; kosovo; law; new; parliament; process; referendum; right; secession; state
• The Interpretation of Human Rights according to International Treaties: Notes for their Jurisdictional Application in Mexico by Angulo López, Geofredo (2016) - 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; derechos; interpretation; issn; june; law; legal; rights; rights journal; state; treaties; treaty
• Human Rights and Judicial Dialogue between America and Europe: Toward a New Model of Law? by Ansuátegui Roig, F. Javier (2016) - 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. In this regard, I want to emphasize here some dimensions which, while not depleting the scenario on which today judicial dialogue occurs, can help us understand its meaning. Keywords: arguments; case; court; dialogue; europe; globalization; international; issn; journal; june; law; rights; rights journal; state; systems
• Consolidation of Arguments in favor of the Right of Access to Public Information as a Fundamental Right by Palomares Herrera, Manuel (2017) - 126-139 ISSN: 2340-9592 DOI: 10.17561/tahrj.n8.6 126 CONSOLIDATION OF ARGUMENTS IN FAVOR OF THE RIGHT OF ACCESS TO PUBLIC INFORMATION AS A FUNDAMENTAL RIGHT I. INTRODUCTION 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; transparency
• Implementation and Practice of Indigenous Rights: The Case of the Mayan Group of the State of Quintana Roo by Israel Herrera, José (2018) - Ace of the postulations that the law has established, is that indigenous judges voted by the communities under direction of the Superior Court of Quintana Roo. La justicia indígena de Quintana Roo impartida por los jueces tradicionales mayas. Keywords: case; doi; issn; journal; judges; june; justice; law; legal; mayan; people; quintana roo; rights; state; system
• Legal Protection of the Rights of Older Persons against Ageism by Munuera Gómez, M. Pilar; Blanco Larrieux, M. Elena (2018) - This situation has generated social and legal vulnerability and therefore calls for the response of institutions to address the recognition of older persons rights. 42-63 ISSN: 2340-9592 DOI: 10.17561/tahrj.n10.3 42 LEGAL PROTECTION OF THE RIGHTS OF OLDER PERSONS AGAINST AGEISM M. PILAR MUNUERA GÓMEZ1 M. ELENA BLANCO LARRIEUX2 Abstract: Human beings go through stages of vulnerability during their evolution and development. Keywords: age; ageism; article; attention; care; discrimination; doi; health; issn; june; law; people; persons; protection; rights; rights journal; social; tahrj.n10.3
• Article 25.2 of Spanish Constitution: A fFundamental Right of Prisoners? by Sancha Díez, José Pablo (2018) - 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; criminal; december; doi; freedom; issn; journal; law; penal; penitentiary; prisoner; purpose; reeducation; reintegration; rights; social; socialization; tahrj.n11.4; treatment
• Compatibility of Death Penalty with the Purpose of Criminal Punishment in Ethiopia by Mattimalla, Suryaraju (2018) - 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
• A Critique of the Demise of Heads of State Immunity in the Age of Human Rights by Ozdan, Selman (2018) - The International Court of Justice examined the decision of the House of Lords in the Pinochet case but found that there was no applicable exception to the rule of Head of State immunity from criminal jurisdiction; moreover, it found that current Ministers of Foreign Affairs are particularly inviolable where they are suspected of having perpetrated violations of fundamental human rights. 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. Keywords: belgium; court; criminal; head; immunity; international; law; republic; rights; rights journal; state; state immunity; violations
• Medical Malpractice as a Tort in the U.S., as a Crime in Italy: Factors, Causes, Paths and Outcomes by Di Landro, Andrea (2019) - 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; issn; italy; june; law; malpractice; negligence; new; paper; penale; protection; rights; state; system; tort; u.s
• Follow the Actors: Ethnographic Keys for Understanding Legal Activism for Criminal Justice Reform in Argentina by Mira, Julieta (2019) - Reform flags as cosmologies of social order The notion of cosmology is revealing of the positions of legal experts on the cause of criminal justice reform. 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; public; reform; research; rights; social; world
• Blasphemy As A Thick Concept by Pérez de la Fuente, Oscar (2020) - 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. 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
• Legal Philosophy and Cosmopolitan Constitutionalism. Debates on Morality, Unity, and Power by Núñez Donald, Constanza (2020) - 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
• 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 by Constantino Caycho, Renato Antonio (2020) - The paper shines a light on the need to rethink multiple concepts of private law in order to make legal capacity reform fully operational. Keywords: Human rights; disability studies; Peruvian civil law; legal capacity reform; supported decision- making; UN Convention on the rights of persons with disabilities. Keywords: act; article; capacity; case; civil; crpd; decision; decree; disabilities; disability; journal; law; making; new; persons; peru; reform; rights; safeguards; support
• The Protection of Access to Food for Civilians under International Humanitarian Law: Acts Constituting War Crimes by Fillol Mazo , Adriana (2020) - 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; article; civilians; conflict; food; international; law; method; population; protection; protocol; relief; right; security; starvation; war
• New Instruments for Human Rights Protection in Globalization by Ovejero Puente, Ana M. (2020) - 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; economic; globalization; instruments; international; issn; june; law; multinational; obligations; principles; respect; rights; rights journal; rights law; rights protection; ruggie; social; states
• Questions on Theory of Law in International Human Rights Law by Fernández Liesa, Carlos R. (2020) - 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 international; fernández; ihrl; international; issn; ius; justice; law; legal; liesa; norms; order; power; principles; rights; rights journal; rights law; states; tahrj.v15.5838; theory
• The Majoritarian Epistemology on Religious Symbols. A Religiously-Based Stereotyping Technique to “Package Others’ Religious Rights” by Pirosa, Rosaria (2021) - 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
• EU, Trading and human rights: consistent framework? by Jiménez Sánchez, Carolina; Jiménez Sánchez, Carolina (2021) - 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; israel; law; regulation; rights; rights journal; sahara; territories; territory; trade; trading; union; western
• Definition of Mother in the English Legal System by Celador Angón, Óscar (2021) - 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. 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
• The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence by Demir, Ebru; Demir, Ebru (2021) - 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. As a result, it expanded the scope of legal issues which should be considered to be relevant in domestic violence cases (ibid) By integrating its case law into international human rights law, the Court provided more robust human rights protection with respect to gender-based discrimination and domestic violence (ibid). Keywords: app; case; court; ecthr; international; law; opuz; rights; rights law; turkey; violence; women
• The Contextual Dependence of the Interpretation of Constitutional Rights: An Analysis from the Point of View of Semantic Holism by Zezza, Michele; Zezza, Michele (2022) - Keywords: Normative indeterminacy, constitutional rights, constitutional interpretation, semantic holism, external context, post-neopositivist epistemology. According to this author, this peculiar drafting technique can foster a debate, within parliamentary majorities, on the meaning of constitutional rights and their relationships as they adapt to the circumstances of specific cases of application. Keywords: approach; cases; context; dependence; doi; example; interpretation; issn; journal; june; language; law; meaning; oxford; press; principle; provisions; quine; reference; rights; rights journal; sense; tahrj.v18.6517; theory; truth; university; utterance
• Constitutions, Minorities and Superdiversity by Ruiz Vieytez, Eduardo; Ruiz Vieytez, Eduardo (2022) - All in all, 16 European constitutions contain references to national minorities or very similar concepts; another 16 include allusions to religious minorities; 15 constitu- tions refer to ethnic minorities or indigenous peoples, and 5 to linguistic minorities. Constitutional references to minority groups. Keywords: constitutions; discrimination; elements; european; factors; grounds; groups; identity; las; law; minorities; minority; minorías; national; rights; status; superdiversity
• Patient Rights During the Covid-19 Pandemic: The Dilemma between Data Privacy and Transparency in Indonesia by Natamiharja, Rudi; Sabatira, Febryani; Fakih, Muhammad ; Melati Davey, Orima ; Anam, Haidir; Sabatira, Febryani (2022) - 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; government; health; indonesia; information; journal; law; pandemic; patient; privacy; public; rights; stigma
• Trans Justice Fights Trans Moral Panic by Mestre i Mestre, Ruth M. (2022) - The paper thus suggests that a ‘cultural war’ over gender identity has been ignited and has yet to be fully fought and won. 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; february; feminist; gender; gender identity; identity; issn; journal; june; law; mestre; panic; people; public; rights; sex; trans; women
• The Standards of Protection of Trans People Elaborated by the Court of Strasbourg and their Incorporation in the Recent Spanish Legislative Proposal by Romboli, Silvia (2022) - First, it purports to examine the case-law developed by the ECtHR on this issue, most notably in the face of the refusal by national public authorities to allow for the rectification of trans persons’ legal sex marker.6 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. Keywords: article; case; ecthr; gender; identity; june; law; legal; november; people; persons; protection; rectification; rights; sex; standards; states; trans
• Trans Rights: The Ongoing Debate in Latin American Legal Agendas by López Hidalgo, Sebastián (2022) - The product of Trans activism and other sympathetic alliances, the aim of this Law was to legally recognise the rights of people whose gender identity had hindered their access to legal rights: people that had been historically discarded as legal subjects on the basis of a binary construction of the person as a subject of rights, an abstract and universal construction which excludes all diversity. In countries such as Colombia, on the other hand, the protection of transgender rights has resulted from constitutional case-law, as well as certain administrative measures, although there is no specific ordinary legislation on the matter. Keywords: case; constitucional; corte; ecuador; gender; identity; latin; law; people; protection; recognition; rights; sex; trans; transgender; transgender people
• Intersex in Italy: At the Source of the Complexity? by Lorenzetti, Anna (2022) - 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. 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
• The Right to Gender Self-Determination in Spain. Lessons from Autonomous Communities by Flores Anarte, Laura (2022) - As such, “for the purposes of this law, and without prejudice to other social meanings, the term Trans covers multiple forms of gender identity expression such as transsexuals, transgender, transvestites, queer, and non-binary gender identities and expressions, as well as those who define their gender as other or describe their identity in their own words (Article 2). 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; autonomous; communities; determination; discrimination; gender; gender identity; gender self; law; people; person; regional; rights; self; sex; trans
• Protection of Rights and Freedoms of Minors in Employment: International Law and Experience of Ukraine by Pavlichenko, Olena; Ostapenko, Yuliya ; Kryvenko, Dmytro ; Fomina, Halyna ; Lets, Olha ; Pavlichenko, Olena (2023) - 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; rights; ukraine; work; workers
• Right to a Fair Trial in Extraordinary Conditions by Andrusyshyn, Bohdan ; Bilozorov, Yevhen; Opolska, Natalia ; Kupina, Liudmyla ; Tokarchuk, Olha ; Bilozorov, Yevhen (2023) - 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; court; decision; european court; justice; law; public; right; rights journal; tahrj.v20.7539; trial; ukraine
• The Right to Private Property under Martial Law in Ukraine by Nekit, Kateryna; Nekit, Kateryna (2023) - In Art. 321 of the Civil Code of Ukraine the principle of inviolability of property rights is detailed, according to which no one can be unlawfully deprived of property right or restricted in its implementation other than by a court decision adopted on lawful grounds. 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. Keywords: alienation; art; case; compensation; court; damage; june; law; ownership; property rights; rada; rights journal; state; tahrj.v20.7579; ukraine; verkhovna
• Disability and the Elderly in their Freedom of Interaction with the Spanish Administration by Sánchez Ballesteros, Vanesa; SANCHEZ BALLESTEROS, VANESA (2023) - 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). it is a reality that promotes a large number of advantages for the citizens of the world, but it should be highlighted that its exclusive use can lead to the violation of citizens’ rights, especially those of older or with disability citizens due to a lack of adaptation to the environment, either due to a lack of technological, economic or even social resources. Keywords: access; administration; age; citizens; communication; digital; disability; european; freedom; government; icts; law; new; people; rights; tahrj.v20.7631; use
• Termination of Employment Based on Employee’s HIV Status: The Response of the National Industrial Court of Nigeria by Ajayi, Mary-Ann Onoshioke; Tarh-Akong Eyongndi, David (2023) - 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; journal; law; national; nicn; nigeria; rights; rights journal; tahrj.v20.7754; termination
• International Court of Justice and Provisional Measures under the Genocide Convention: Curious Case of Ukraine v. Russian Federation by Alexander, Atul; Alexander, Atul (2023) - 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). The NATO bombings forced Yugoslavia to approach the ICJ in a series of proceedings, wherein the ICJ had the opportunity to interpret the Genocide Convention in the context of provisional measures vis-à-vis the legality of the use of force.14 The ICJ, in these proceedings, at the provisional measures stage, provided a narrow interpretation of the Genocide Convention by delving into the substantive contents of the Genocide Convention like ‘intention’ under Article II of the Genocide Convention.15 As previously discussed, the threshold for ‘specific intent’ is high in terms of the crime of Genocide, which at the provisional measure stage should not have been deliberated by the ICJ. Keywords: case; court; crime; federation; genocide convention; icj; international; law; measures; prevention; punishment; rights; russian; ukraine; ukraine v.
• Addressing the Emerging Issues of Xenophobic Attack and Human Rights Violations in South Africa: Adopting a Human Rights-Based Approach by Nwaechefu, Hilary; Uche, Nnawulezi ; Ajayi, Mary-Ann O.; Constance, Ogah Chinyere (2023) - IntroductIon The abuse of human rights in South Africa via xenophobia is topical and trending, and several authorities have expressed their views on the ugly situation prevalent in South Africa. This can be seen in section 916 Constitution of South Africa 1996, which provides for legal and social equality with the wordings clearly in line with the Universal Declaration of human rights and which states: “Everyone is equal before the law and has the right to equal protection and benefit of the law”. Keywords: african; attacks; constitution; december; foreigners; government; law; life; nigeria; persons; rights; south; south africa; xenophobic
• Blockchain and Freedom to Conduct a Business: Between Myth and Reality by Della Pietra, Attilio; Della Pietra, Attilio (2023) - However, the most advanced use of blockchain technology has a disruptive effect and exposes us to the great danger of an “algocratic” drift. https://trust-rise.eu/ Blockchain and Freedom to conduct a Business: Between myth and reality The Age of Human Rights Journal, 21 (December 2023), e7971 ISSN: 2340-9592 DOI: 10.17561/tahrj.v21.7971 2 This research intends to analyse the potential and risks to companies and corporate law that may derive from the application of blockchain technology and its potential impact on the freedom to conduct a business. Keywords: 2022; age; blockchain; blockchain technology; business; company; conduct; daos; data; december; doi; e7971; freedom; governance; issn; journal; law; march; new; nodes; permissionless; rights; rules; shareholders; tahrj.v21.7971; technology; vol
• Law, Memory, and Silence: The Case of Anti-Communism Laws in Indonesia by Citrawan, Harison; Putri, Ganesh Cintika; Citrawan, Harison (2024) - Law, memory, and silence: the case of anti-communism laws in Indonesia The Age of Human Rights Journal, 22 (June 2024), e8021 ISSN: 2340-9592 DOI: 10.17561/tahrj.v22.8021 1 LAW, MEMORY, AND SILENCE: THE CASE OF ANTI-COMMUNISM LAWS IN INDONESIA HARISON CITRAWAN1, GANESH CINTIKA PUTRI2 Last, the third part is an analysis of the creation of social silence as a result of the enforcement of anti-communism laws. Keywords: age; anti; case; communism; court; criminal; e8021; history; indonesia; journal; june; law; laws; memory; past; people; pki; rights; society; state; violence
• In Search of Durable Solutions for Refugees in Indonesia: A State Security and Human Rights Protection Approach by Syahrin, M. Alvi; Qalandy, M. Rafly ; Jafizhan, M. Syaran; Syahrin, M. Alvi (2024) - Indonesia continues to be encouraged to ratify the convention to strengthen the promotion and defense of refugee rights. The acknowledgement of refugee rights as preeminent standards signifies a common dedication to maintaining legal order, safeguarding human dignity, and guaranteeing the international community’s joint accountability for safeguarding the most susceptible segments of the populace (Roman and Tania, 2019). Keywords: asylum; asylum seekers; australia; convention; countries; country; education; government; immigration; indonesia; international; law; policy; protection; refugees; rights; rights journal; rights protection; security; seekers; state; status; unhcr
• Human Rights in Urban Space. A Critical Perspective by Giolo, Orsetta; Giolo, Orsetta (2024) - The crisis of the social city is indeed at the core of the fragmentation of subjectivity and the concomitant dramatic hierarchisation of city spaces, aggravated by the increasing distance between the centre and outskirts, where the distribution of the different classes of the population across the territory is determined by income,17 with highly significant political repercussions. He outlined its contents again on the basis of classes of fundamental rights and emphasised, in this case, the existing connection between the exercise of popular sovereignty and the effective enjoyment of rights.11 The “four- dimensional” model of constitutional democracy is “structured in four dimensions corresponding, respectively, to the four aforesaid types of rights: political rights, civil rights, rights of freedom and social rights” (Ferrajoli, 2007, p. 21) and enables us to distinguish four forms of democracy – political, civil, liberal and social – all necessary to identify constitutional democracy. Keywords: age; citizenship; city; democracy; dimension; e8623; journal; june; law; perspective; relationship; rights; rights journal; space; state; territory; urban
• Old Age as a “New Frontier” of (Spatial) Justice by Bernardini, Maria Giulia; Bernardini, Maria Giulia (2024) - The distinction between Platonists and Aristotelians – who, according to Coleridge, represent the two fundamental ways of seeing the world – also defines the two main lines along which reflections on old age developed starting from classical culture: as wisdom (Plato) or as decline (Aristotle).10 Old age begins to be a specific subject of philosophical reflection only in the 20th century, when issues related to the ontological, ethical, anthropological, historical, and social aspects of ageing emerge in the phenomenological and existential philosophy. Keywords: Elderly, Old age, Spatial justice, Urban space, Independent living, Human rights. Keywords: age; ageing; care; december; doi; e8997; frontier; journal; justice; law; new; people; philosophy; recognition; rights; space

• Introduction by Ruiz Ruiz, Ramón (2013) - INTRODUCTION The Age of Human RightsThe Age of Human RightsThe Age of Human RightsThe Age of Human Rights Journal INTRODUCTION It is a great pleasure to present the first issue of the The Age of Human Rights Journal, and to do so just on the International Day of Human Rights. 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; rights
• Feminism and Women with Disabilities by Serra, María Laura (2015) - 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; society; women
• Migration and Vulnerability: Challenges, Implications and Difficulties Faced by the Sahrawi Migrant Population by López Belloso, María (2016) - 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; december; group; gómez; identity; issn; journal; migrant; migration; people; population; refugee; rights; sahrawi; spain; spanish; vulnerability
• Cultural Institutions as a Combat Sport. Reflections on the European Roma Institute by Magazzini, Tina (2016) - 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). This article aims at locating the recent European recognition and categorization of the Roma as an ethno-cultural minority by analyzing the emergence of a new institutional body intended at promoting Roma culture—the European Roma Institute for Arts and Culture. Keywords: age; commission; council; cultural; culture; december; doi; eri; european; european commission; european roma; identity; institute; issn; journal; minority; rights; roma; roma institute; tahrj.n7.9
• Legal analysis of article 7 of the convention on the rights of persons with disabilities: children with disabilities by Campoy Cervera, Ignacio (2017) - As it is better said in the 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, (hereafter CRC General Comment No 7), para 14, “The Committee wishes to emphasize that article 12 applies both to younger and to older children. Those could be separate in three groups, those who attend to children rights in a global way, those who attend to rights that have special meaning to children with disabilities and those who stress the necessity to adopt appropriate measures to ensure specific rights to children with disabilities. Keywords: age; article; children; comment; committee; convention; crc; crpd; disabilities; general; interests; persons; rights; rights journal
• Femicide and Gender Violence in Mexico: Elements for a Systemic Approach by Angulo López, Geofredo (2019) - 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. LOPEZ1 Abstract: This article aims to address gender violence and femicide through the analysis of several aspects related with its reality and current problematic or conundrum, the new standards to widen gender perspective in the ministerial practices and judicial reasoning, as well as the controversies and tensions generated by the social risk related to impunity and the current control policies and exception categories created to fight femicides and violence against women with the principles and fundaments wherewith the criminal justice system and human rights operate in Mexico. 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
• Tools, Gaps and False Myths in Comparative Legal Research on Human Rights by La Spina, Encarnación (2019) - 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. pp. 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; case; comparison; december; doi; integration; issn; journal; method; research; rights; rights journal; rights research; studies; study; systems
• Emergence of Knowledge Commons, Risks, and Relevance for the Human-Rights Framework by Vila Viñas, David (2020) - Keywords: commons, knowledge commons, institutions, human rights, ESCR, effectiveness Summary: 1. the emergence of commons. More recently, the concept of enclosing has been used to analyze a second process, this time focused on knowledge commons (such as science, software, biodiversity or cultural production),4 key goods in the knowledge economy (Boyle, 2008, Vila-Viñas and Barandiaran, 2015). Keywords: access; age; approach; commons; del; institutions; journal; knowledge; knowledge commons; property; public; rights; risks; social; sustainability; vila; viñas
• Systemic Racism, Police Brutality of Black People, and the Use of Violence in Quelling Peaceful Protests in America by Iheme, Williams C. (2020) - Abstract: The Trump Administration and its mantra to ‘Make America Great Again’ has been calibrated with racism and severe oppression against Black people in America who still bear the deep marks of slavery. After the official abolition of slavery in the second half of the nineteenth century, the initial inability of Black people to own land, coupled with the various Jim Crow laws rendered the acquired freedom nearly insignificant in the face of poverty and hopelessness. Keywords: age; america; black; brutality; death; december; doi; floyd; george; 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
• The Compliance of the Baltic States with the Principle of Tolerance as Condition for the Development of the United Europe by Khoma, Nataliya; Oleksii Kokoriev, Oleksii (2021) - Lithuanian establishment of tolerance principle differs from other post-Soviet Baltic countries (Estonia and Latvia) in its distinct approach to citizenship as well as higher levels of homophobia. For many years they have been conducting many social campaigns against racism, homophobia, etc. which contributes to the strengthening of Estonian tolerance. Keywords: age; baltic; countries; estonia; europe; hate; journal; latvia; lithuania; minorities; people; principle; rights; sex; speech; state; tolerance
• Disability’s rights to health: an obligation triggered by corona virus pandemic by Nnawulezi, Uche A.; Adeuti, Bosede Remilekun; ADEUTI, BOSEDE REMILEKUN (2021) - In this context, disabilities rights will be better understood from the definition of the word “Disability” as demonstrated by various institutions. 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). Keywords: age; article; convention; covid-19; disabilities; disabilities rights; disability; discrimination; health; pandemic; persons; rights; rights journal; states; united; world
• A Critical Legal Essay to Advocate Iranian Children's Right to "Proper" Education by Bostani, Fateme (2021) - A CRITICAL LEGAL ESSAY TO ADVOCATE IRANIAN CHILDREN'S RIGHT TO PROPER EDUCATION The Age of Human Rights Journal, 16 (June 2021) pp. 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”; Although this is a good start, there are criticism waves regarding the situation of children in this legal system. Keywords: age; authority; children; doi; education; essay; ethics; field; iranian; islamic; issn; june; policies; rights; rights journal; schools; society; system; tahrj.v16.6317; virtue
• The Right to Health and the Social Determinants of Health in the Face of COVID-19. Tthe Spanish Experience after Austerity Policies by Lema Añón, Carlos (2021) - We will analyze the effect of austerity policies in Spain on public health, 2 https://www.ine.es/experimental/defunciones/experimental_defunciones.htm. 2. 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; european; general; health; health care; health system; issn; journal; june; pandemic; policies; public; right; social; spain
• Child's Rights and the Challenges of Educating the Girl-Child: Assessing the Contributions of UNICEF in Nigeria by Nwozor, Agaptus; Okhillu, Blessing; Nwozor, Agaptus (2022) - 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; children; contributions; education; girl; june; nigeria; northern; northern nigeria; program; rights; rights act; rights journal; school; states; unicef; unicef nigeria
• Enforced Disappearance in Peru: A Step towards a National Policy to Search for Disappeared Persons by Serranò, Agata; Serranò, Agata (2022) - Derechos humanos, memoria y Comisión de la Verdad y Reconciliación. Informe Final de la Comisión de la Verdad y la Reconciliación. Keywords: age; cvr; disappearance; doi; family; issn; journal; june; members; national; persons; peru; qualitative; rights; search; tahrj.v18.6898; truth
• What Is at Stake in the Recognition of Non-Normative Identities? by Rodríguez Ruiz, Blanca (2022) - 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; recognition; rights; self; sex; women
• Feminism and Pornography: From Mainstream Pornography (Hetero-Patriarchal) to Post-Porn (Non Binary) by Valero Heredia, Ana (2022) - In Pornography: Men Possessing Women (1981), her key work on the subject, Dworkin outlines the principles of power attributed to the male gender which perpetuate present-day sexual dynamics, chronically violating the dignity of women and thereby dehumanising them. Moreover, as opposed to the ideal of beauty depicted in hegemonic pornography, feminist pornography depicts non-stereotypical female bodies of all ages, which are not only represented but also eroticised. Keywords: age; feminist; gender; hetero; journal; june; mackinnon; mainstream; patriarchal; pornography; post; rights; sexual; sexuality; women
• Trans-Visibilities and Sexual Politics: Temporary Passages in Spanish Popular Cultures by Sabuco i Cantò, Assumpta (2022) - “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
• Human Rights and Current Discriminatory Manifestations (on the Example of Age Discrimination in the Social and Communicative Sphere) by Hren, Nataliya; Kelman , Mykhailo ; Pyvovar , Maiia ; Koval , Anna ; Melnyk , Yaroslav ; Hren, Nataliya (2022) - 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; society; sphere; tahrj.v19.7124
• Online Courts and Private and Public Aspects of Open Justice: Enhancing Access to Court or Violating the Right to Privacy? by Ahmed, Sabreen; ahmed, sabreen (2023) - 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; aspect; case; court; information; journal; justice; justice principle; live; media; online; open; principle; privacy; proceedings; public; reporting; right; tahrj.v20.7516
• Truth, Justice, and Reparation. Human Rights Violations and their Impact on the Police Forces and their Families in the Context of ETA Terrorism by Intxaurbe Vitorica, José Ramón; Vicente Torrado, Trinidad Lourdes; Urrutia Asua, Gorka; Vicente, Trinidad Lourdes (2023) - Prensa, propaganda e historia ante las primeras muertes de ETA, Sancho el Sabio, vol. 43, pp. According to their testimonies, many ETA victims would have deserved the same uninhibited treatment by public institutions: Some media showed the image of my father lying on the ground after the attack. Keywords: age; december; e7696; eta; families; forces; guardia; journal; justice; members; memory; people; police; police forces; reparation; rights; social; terrorism; victims
• Not One Step Back: Lessons Learned and Challenges in a Consolidate Agenda of Sexual and Reproductive Rights in the Inter-American Court of Human Rights by Ronconi, Liliana; Ronconi, Liliana (2024) - If we take health rights seriously the answer is yes (Ronconi, 2012). First, (I) I will describe some IACtHR resolutions regarding sexual rights identifying the critical points and the doors they opened to advance the sexual rights agenda in the region. Keywords: abortion; age; american; case; court; discrimination; doi; e7980; gender; health; iacthr; identity; inter; issn; judgment; june; people; rights; rights journal; tahrj.v22.7980; violence; vs.; women
• Access to Justice and the Right to Democratic Participation of Victims OF Domestic Violence. From Norms to Empirics by Marotta, Julieta; Marotta, Julieta (2025) - Other victims started a chain by recommending to other victims to submit a complaint. By examining both legal provisions and empirical insights from interviews with domestic violence victims, this study explores how access to justice can enhance the democratic participation rights of these individuals. Keywords: access; age; empowerment; individuals; information; justice; participation; policy; process; rights; victims; violence; women
• A Bibliometric Analysis of Research on Human Trafficking: A Focus on the United Nations Framework and the Sustainable Development Goals by Romera Mejías, Daniel; Correa da Silva, Waldimeiry; Romera Mejías, Daniel (2025) - Meanwhile, keyword analysis offers insights into prevalent and emerging themes in HT research, as well as their temporal evolution and thematic relationships within the field. The prominence of Business studies in HT research highlights the growing recognition of economic factors and the private sector’s role in combating trafficking through ethical supply chains, corporate social responsibility and economic empowerment. Keywords: age; analysis; december; development; e9547; focus; global; goals; governance; international; issn; journal; literature; nations; research; rights; sdgs; trafficking; united

• Reasonableness in the Concept of Reasonable Accommodation by de Asís Roig, Rafael (2016) - However, accessibility may be brought forward as: a) a requirement for action by the public authorities as well as a validity standard for any legal performance (legal principle of universal accessibility); b) a relevant claim tied to the defence of any fundamental right (universal accessibility falls within every fundamental right’s core content); c) a need for non-discrimination (the right to accessibility on an equal basis); d) a right itself, the right of access to goods, products and services not related to human rights, understood as a performance right (of a statutory or a fundamental nature) which correlatively brings along the “design for all” obligation ((DE ASÍS, AIELLO, BARIFFI, CAMPOY, and PALACIOS 2007: both universal design and reasonable accommodation are part of generalization as long as they aim at extending the enjoyment of human rights to persons with disabilities. Keywords: accessibility; accommodation; adjustment; design; disabilities; issn; measures; persons; principle; reasonableness; rights; universal
• Making Sense of it: Why Democracy (and Feminism) Needs to Go Beyond Binary Citizenship by Vázquez García, Rafael (2022) - 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; issn; journal; june; queer; rights; sense; sex; sexuality; theory

• 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 by Capodiferro Cubero, Daniel (2013) - 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; interest; lautsi; parents; public; pupils; religion; rights; state; symbol; thought
• Legal Aspects of the Financing of Religious Groups in Spain by Celador Angón, Óscar (2014) - 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; catholic church; church; cooperation; financing; freedom; groups; organizations; rights; spain; state; tax
• Human Trafficking and the Rome Statute of the International Criminal Court by Moran, Clare Frances (2014) - 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; humanity; icc; jurisdiction; rights; rome statute; state; trafficking
• The Nation-State Concept in the Crisis of Democracy in Spain by Jiménez Sánchez, José J. (2015) - THE CONCEPT OF NATION Against Fichte's position in which the nation plays a central role through its link to the eternal, Hegel argues that the universality of the nation does not exceed its immediacy, while the universality of the State does. 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. Keywords: concept; hegel; nation; people; spirit; state; universality
• Forced Marriages in Europe: A Form of Gender-Based Violence and Violation of Human Rights by Barcons Campmajó, María (2020) - 1-18 ISSN: 2340-9592 DOI: 10.17561/tahrj.v14.5474 1 FORCED MARRIAGES IN EUROPE: 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; discrimination; europe; form; gender; marriage; measures; parties; rights; state; victims; violation; violence; women
• Experiences of access to justice for persons deprived of liberty in Ecuador by Ramírez, Andrés; Machado Arévalo, Antonia ; Ramírez, Andrés (2021) - Interviews were also made to actors involved in PDL access to justice. Few of the persons deprived of liberty interviewed refer to other rights besides health, food and education. Keywords: access; ecuador; justice; liberty; pdl; people; persons; prison; problems; rights; social; src; state; system; turi
• Hobbes and the economic, social and cultural rights of the universal declaration of human rights by Hernández, Javier; Dussan, Santiago ; Hernández, Javier (2021) - Considering that the ability to define the way in which a society’s wealth should be redistributed to ensure the full attainment of social human rights implies a high degree of 50 See Morsink (1999, p. 209) Hobbes and tHe economic, social and cultural rigHts of tHe universal declaration of Human rigHts The Age of Human Rights Journal, 17 (December 2021) pp. 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; development; dignity; hobbes; individual; order; power; rights; rights journal; state; udhr
• Right to Repatriation of Abandoned Seafarers: A Study in Light of Maritime Labour Convention 2006, and International Covenant on Civil and Political Rights 1966 by Gupta, Mohit; GUPTA, MOHIT (2023) - Email: vc@gnlu.ac.in mailto:guptamohit830@gmail.com mailto:vc@gnlu.ac.in Right to RepatRiation of abandoned SeafaReRS: a Study in Light of MaRitiMe LabouR Convention, 2006 and inteRnationaL Covenant on CiviL and poLitiCaL RightS, 1966 The Age of Human Rights Journal, 21 (December 2023), e7284 ISSN: 2340-9592 DOI: 10.17561/tahrj.v21.7284 2 It has been witnessed in a number of seafarer abandonment cases that the port state of the vessel on which seafarers were abandoned has prevented abandoned seafarers from disembarking from the vessel. The port state's role in seafarer abandonment is crucial because it can assist abandoned seafarers by facilitating their repatriation. Keywords: abandonment; crew; mlc; port; port state; repatriation; right; seafarers; state; vessel
• 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 by Kaundal, Ruchita; Shanthakumar, Sanjeevi; Kaundal, Ruchita (2023) - Domestic Institutionalisation of Human Rights in India 4.1 An Overview - “The Protection of Human Rights Act 1993” 4.2 Analysing NHRC’s Compliance with the Paris Principles (Secondary Analysis) 4.2.1 Pluralistic representation within the composition of the NHRC vis a vis Independence 4.2.2 Selection and Appointment Procedure of the Members of NHRC vis a vis Structural Independenc 4.2.3 Financial and Administrative Autonomy 4.2.4 Broad Mandate 5. Statutory Limitations in The Working of The National Human Rights Commission 5.1 Legal Constraints 5.2 Jurisdictional Constraints 5.3 Limitation in taking Cognizance of the Complaints 6. 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; nhrc; paris; phra; principles; protection; rights commission; rights institutions; rights journal; state; tahrj.v20.7719

• The Social Model in the International Convention on the Rights of Persons with Disabilities by Palacios, Agustina (2015) - The sociological framework is built through the social model of disability, and the regulatory framework is provided by the International Convention on the Rights of Persons with Disabilities. 2 Keywords: Disability, Human Rights, Social Model, International Convention, General Principles, Dignity, Non Discrimination. 91-110 ISSN: 2340-9592 91 THE SOCIAL MODEL IN THE INTERNATIONAL CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AGUSTINA PALACIOS 1 Abstract: Any analysis to be performed regarding disabilities requires a philosophical, sociological and regulatory framework. Keywords: article; basis; convention; derechos; disabilities; disability; discapacidad; discrimination; las; los; madrid; model; palacios; persons; rights; social
• The legal recognition of the human rights situation of women with disabilities in the state of Qatar by Serra, María Laura; Barranco Avilés, María del Carmen ; Cuenca Gómez, Patricia; De Asís Roig, Rafael ; Rodríguez del Pozo, Pablo (2017) - 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). The Age of Human Rights Journal, 9 (December 2017) pp. 105-115 ISSN: 2340-9592 DOI: 10.17561/tahrj.n9.5 110 THE LEGAL RECOGNITION OF THE HUMAN RIGHTS SITUATION OF WOMEN WITH DISABILITIES IN THE STATE OF QATAR concerned about the overall lack of information on the social, economic and political situation of women and girls with disabilities, and on the limited participation of women with disabilities in making decisions affecting them in general. Keywords: article; crpd; disabilities; disability; discrimination; qatar; rights; women
• General Data Protection Regulation, Right to Be Forgotten, Blockchain Technology and Human Rights by Celador Angón, Oscar; Celador Angón, Oscar (2024) - https://doi.org/10.17561/tahrj.v23.8702 mailto:Oscar.celador@uc3m.es General Data Protection reGulation, riGht to be ForGotten, blockchain technoloGy anD human riGhts The Age of Human Rights Journal, 23 (December 2024), e8702 ISSN: 2340-9592 DOI: 10.17561/tahrj.v23.8702 2 Technology can affect the exercise and guarantee of human rights, depending on how it is used. General Data Protection Regulation, Right to be Forgotten, Blockchain Technology and Human Rights The Age of Human Rights Journal, 23 (December 2024), e8702 ISSN: 2340-9592 DOI: 10.17561/tahrj.v23.8702 1 GENERAL DATA PROTECTION REGULATION, RIGHT TO BE FORGOTTEN, BLOCKCHAIN TECHNOLOGY AND HUMAN RIGHTS OSCAR CELADOR ANGÓN1 Abstract: The aim of this paper is to offer some reflections on the role that new technologies can play in the field of human rights, and specially from the point of view of the general data protection regulation and blockchain technology. Keywords: article; bct; blockchain; case; court; data; data protection; data subject; engine; european; gdpr; information; processing; public; regulation; right; rights journal; search; technology; union
• Epistemic Injustice, the Right to the Truth and Reparations in Cases of Sexual Violence by Zafra, Rita Del Pilar; Zafra, Rita Del Pilar (2025) - The right to know: epistemic rights and why we need them. Although this article is centered around reparations, to analyze how to repair the right to truth in cases of sexual violence, we must understand beforehand the broader context about what is the right to truth and how it applies to cases of sexual violence as human rights violations. Keywords: article; cases; court; fricker; h.r; injustice; reparations; right; truth; victims; violations; violence

• Dismantling or Perpetuating Gender Stereotypes. – The Case of Trans Rights in the European Court of Human Rights’ Jurisprudence by Hansen, Caroline (2022) - 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. By condemning certain gender stereotypes while accepting others, the Court creates an inconsistency, and conveys the idea that reliance on gender stereotypes can at times be acceptable. Keywords: case; court; european; gender; gender identity; gender stereotypes; identity; persons; rights; stereotypes; trans
• Bottling the Criminal Contempt Law – A Search for ‘Intention’ in ‘Scandalizing the Court’ by Tyagi, Vijay; Chadha, Vaibhav; Tyagi, Lavam; Srivastava, Shambhavi; Chadha, Vaibhav (2024) - Comparative Study of Scrutiny of Mens Rea Element in other Common Law Jurisdictions For the purpose of maintaining homogeneity in the conditions and circumstances in which their contempt of court laws were made and evolved, the authors have majorly taken up examples of former colonies of Britain who gained full independence from the English Crown after the independence of India. The Court ultimately pacified the ‘inherent tendency’ or the ‘natural and probable effect’ test to determine the guilt in contempt cases. Keywords: act; case; contempt; contempt law; court; courts act; india; intention; judges; justice; mens; mens rea; note; rea; supra; supreme court

• Right to Freedom of Expression v. Reputation Protection (Based on ECtHR Practice Materials) by Alforova, Tetiana M.; Koba, Mariia M.; Lehka, Oksana V.; Kuchuk, Andrii M. (2022) - 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. 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. Keywords: application; balance; case; ecthr; expression; freedom; information; person; practice; protection; public; reputation; reputation protection; right

• Human Rights and Forced Displacement of the Population (a Note about the Difficulties in the Case of Colombia) by Carballo Armas, Pedro (2014) - - 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
• Disability and Humans Rights: A Theoretical Analysis by Cuenca Gómez, Patricia (2015) - DISABILITY APPROACH IN THE CONTEMPORARY THEORY OF HUMAN RIGHTS The theories of justice, in general, and the theories of human rights, in particular, have not addressed disability sufficiently (DE ASÍS, 2007) and when they have tackled this issue it has been in an inappropriate manner. 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. Keywords: approach; asís; capabilities; disabilities; disability; francis; individuals; justice; life; moral; nussbaum; people; rights; silvers; social; society; theory
• Basic Income and the Rights of Persons with Disabilities by Rey Pérez, José Luis (2019) - 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: convention; disabilities; income; parijs; people; persons; recognition; rights; social; van
• A Step beyond Direct and Indirect Discrimination against Persons with Disability. Methodological Approach to Discrimination from the Intersectional Perspective by Balanta-Cobo, Paola ; Padilla-Muñoz, Andrea (2019) - The definition of these criteria made it possible to outline the key aspects to approach disability studies and to move towards intersectionality in action (Cho, Crenshaw and McCall, 2013, pp. 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. Keywords: analysis; approach; axes; disability; discrimination; inequality; journal; people; perspective; rights; situations; social; way

• Political Belonging and Fantasies of Inclusion. Romanians in London and Paris by Paraschivescu, Claudia (2016) - 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; european; french; host; inclusion; integration; journal; london; paris; participants; passport; rights; romanians; social
• The Impact of the International Convention on the Rights of Persons with Disabilities on Qatari Domestic Legislation by De Asís Roig, Rafael; Barranco Avilés, María del Carmen; Cuenca Gómez, Patricia; Rodríguez del Pozo, Pablo ; Al Ali, Khalid (2017) - Keywords: Disability in Qatar; Human Rights and Disabilities; International Convention on the Rights of Persons with Disabilities; Social Model of Disability; Accessibility; Legal Capacity. 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. Keywords: accessibility; asís; capacity; convention; crpd; disabilities; disability; general; legislation; model; persons; qatar; rights; social; universal

• Protecting Citizens against Bureaucratic Abuse and Maladministration: Why is Nigeria’s Ombudsman Institution not Working Well? by Ifejika, Solomon I.; Ifejika, Solomon I. (2023) - 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; institution; journal; nigeria; ombudsman; pcc; public; rights; service

• Is Sexual Assistance a Right? by De Asís Roig, Rafael (2019) - Therefore, sexual assistance for persons that cannot perform sexual activities on their own body can be ethically justified by the theory of needs or by the notion of Instrumental Activities of Daily Living.24 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; persons; rights; sexual; support

• Parenthood, altruism, and the market: a critique of essentialist constructions of women’s nature in commercial surrogacy by Mora, Jesús; Mora, Jesús (2021) - 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. Keywords: agencies; agreements; altruism; commercial; gender; ips; market; narratives; rights; surrogacy; surrogacy agreements; surrogates; women; work

• DNA Databases for Criminal Justice System: A Pathway towards Utopian or Dystopian Future? by Erbaş, Rahime; Erbaş, Rahime (2022) - Regarding whether having DNA database poses an utopia or dystopia, at first glance, the argument that DNA databases for criminal justice system paves a way towards dystopia attracts the attention in the literature. To illustrate, the works alike Marx’s as “DNA ‘Fingerprints’ 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: Creeping Towards DNA Database Dystopia in U.S. v. Weikert” (Rice, 2009), “Circuits of Surveillance” (Williams & Johnson, 2004). Keywords: database; dna; dna database; dna evidence; evidence; justice; justice system; rights; system; use

• Deliberative Democracy V. Politics of Identity by Pérez de la Fuente, Oscar (2013) - 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: alterity; argument; deliberation; democracy; identity; minorities; minority; politics; values

• Minority Veto Rights in Kosovo’s Democracy by Selimi, Behar (2019) - The Law on Civil Servants of 2010 defines, even more clearly, the right of representation of non-majority communities in public administration, reserving for them at least 10% of public posts (Kosovo Assambly, 2010). 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

• Bentham Was Right. Was He? by Jiménez Sánchez, José J. (2015) - However, Rousseau believes that it is feasible to establish the general will through majority rule. 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. by N. Urbinati and C. Invernizzi Accetti, trans. by B. Graf, Rowman and Littlefield Publishers, Lanham, Maryland, 2013 (1929), pos. Keywords: bentham; cit; general; kelsen; majority; principle

• Identity, Belonging and Human Rights: Cultural Cues in Integration Processes. An Introduction by Morondo Taramundi, Dolores (2016) - 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. 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. Keywords: communities; integration; processes; rights; roma

• Presentation: Confronting Binary Foundations: Non-Binary Identities and the Edges of Rights by Rodríguez Ruiz, Blanca (2022) - 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

Epilogue

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Created: 2025-12-24