The Age of Human Rights Journal

The Age of Human Rights Journal

Basic info

  • Publisher: Universidad de Jaén
  • Country of publisher: spain
  • Date added to EuroPub: 2018/Sep/15

Subject and more

  • LCC Subject Category: Law, Human Rights
  • Publisher's keywords: Law, Human Rights
  • Language of fulltext: english
  • Time from submission to publication: 12 weeks

Publication charges

  • Article Processing Charges (APCs): No
  • Submission charges: No
  • Waiver policy for charges? No

Open access & licensing

  • Type of License: CC BY-NC-ND
  • License terms
  • Open Access Statement: Yes
  • Year open access content began: 2013
  • Does the author retain unrestricted copyright? True
  • Does the author retain publishing rights? True

Best practice polices

  • Permanent article identifier: DOI
  • Content digitally archived in: Nopolicy
  • Deposit policy registered in: Dulcinea

This journal has '54' articles

Natural Law Theory in Spain and Portugal

Natural Law Theory in Spain and Portugal

Authors: Antonio-Enrique Pérez Luño
Year: 2013, Volume: 1, Number: 1
(1 downloads)
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. Due to this succinctness, the approach will be fundamentally descriptive, however it will try to consider the wide and heterogeneous character of such theories as well as their implications for the doctrine of human rights.

Keywords: Natural Law, Human Rights, Philosophy of Law, Moral Values
Ten Guidelines for the Correct Interpretation of Rights

Ten Guidelines for the Correct Interpretation of Rights

Authors: Rafael De Asís Roig
Year: 2013, Volume: 1, Number: 1
(0 downloads)
Abstract

In this brief work I will propose ten guidelines or criteria to assist in interpreting human and fundamental rights norms in a way that is correct (as much as is reasonable) and that is in line with the perspective of the constitutional court. To do so, I will work from a series of premises to help locate these guidelines within the context of a theory of interpretation. As might be expected, this theory is itself based on a theory of law. In what follows, I will provide an account of some of the characteristic dimensions of the interpretation of rights norms. Finally I will present the ten guidelines that in fact constitute what I have elsewhere termed as main criteria of interpretation.

Keywords: Human Rights, Fundamental Rights, Criteria of Interpretation, Theory of Law
Deliberative Democracy V. Politics of Identity

Deliberative Democracy V. Politics of Identity

Authors: Oscar Pérez de la Fuente
Year: 2013, Volume: 1, Number: 1
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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 defenders of the politics of identity distrust from this deliberative approach because, the interests of the powerful groups of the society are often behind those values. The common approach of deliberative democracy misunderstands the proper role, language, expression and actual interests of the members of the minorities. Deliberative democracy isn't really compromised with pluralism –social, cultural, ethnic, racial…– because it is more compromised with formal and substantial rules of decision that finally determine the result of the deliberation. Minorities claim for a new understanding of the democracy from the difference, from the identity. Thus, democracy is the result of a dialogue, not from abstractions, but from the particularity. In this sense, it is important the notion of ethics of alterity as a moral effort to understand the Other. This exercise excludes all kind of alterophobia (misogyny, xenophobia, racism, homophobia...) and it is against relativist approach. An identity is legitimate in the way it includes the alterity. The minorities claim to think, other time, topics as democracy from the dynamics between identity/alterity, inclusion/exclusion, equal dignity/differentiated identity.

Keywords: Democracy, Deliberation, Minorities, Politics of Identity
The Freedom of Information Law and Democratization in Nigeria

The Freedom of Information Law and Democratization in Nigeria

Authors: Akeem Ayofe Akinwale
Year: 2013, Volume: 1, Number: 1
(0 downloads)
Abstract

Nigeria is rife with marginalisation and human rights abuses, which have been aggravated by inequitable distribution of national wealth. This situation calls for viable institutional arrangements for the protection of fundamental human rights. The press has been empowered in this regard but Nigeria remains rife with a plethora of human rights abuses. The present paper therefore examines the freedom of information law and democratization in Nigeria. The paper is conceptualised within the ambit of Mills’ Theory of Sociological Imagination. Data used for the paper were derived from relevant documents and key informant interviews. A total of 64 journalists were purposively selected from 16 print and electronic press organisations in Lagos and Oyo states of Nigeria. Findings show that the press has been empowered through the Freedom of Information Bill, which was signed into law after a decade of its presentation to the Nigerian government. Most of the informants mentioned that the Freedom of Information Law would stimulate democratization, although they expressed doubts about its efficacy. Also, two-third of the informants expressed dissatisfaction over continuity of press freedom abuse in Nigeria. The results of this paper suggest the need for national consciousness to ensure protection of press freedom and human rights in the Nigerian democracy.

Keywords: Democratization, FOIL, Human Rights Abuses, Marginalisation, Press Freedom
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

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

Authors: Daniel Capodiferro Cubero
Year: 2013, Volume: 1, Number: 1
(0 downloads)
Abstract

In the case Lautsi v. Italy, the European Court of Human Rights ruled twice on the validity of the presence of crucifixes in public school classrooms of a country where the principle of secularism rules. In the first judgement, the consideration of the children’s religious freedom and, implicitly, their best interest helped the Court to justify the prohibition of the symbols, although it was not the main argument for it. However, the Great Chamber revoked this decision, considering the presence of these symbols in classrooms adequate under the European Convention by widely applying the doctrine of the margin of appreciation and, additionally, ignoring the legal position and the needs of the pupils, whose freedom of religion was reduced to a mere object of the parental guide capacities from a very questionable perspective.

Keywords: Freedom of Thought and Religion. Children’s Best Interest. Children’s Rights. Educational Neutrality. Secularism. Religious Symbols. European Court of Human Rights
Ethics and Robotics. A First Approach

Ethics and Robotics. A First Approach

Authors: Rafael De Asís Roig
Year: 2014, Volume: 2, Number: 2
(0 downloads)
Abstract

Clearly, technical and scientific progress and moral progress do not necessarily go hand in hand. Therefore, this article encourages reflection on the new ethical challenges posed by such developments and, in particular, by robotics, a field that has developed greatly in recent decades and that has led to possibilities unimaginable until recently. 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.

Keywords: Ethics. Robotics. Moral Agent. Human Rights
The Crisis of State Sovereignty and Social Rights

The Crisis of State Sovereignty and Social Rights

Authors: Sandro Staiano
Year: 2014, Volume: 2, Number: 2
(0 downloads)
Abstract

The European integration process –which may be interpreted as a federalizing process– faces strong cultural and economic resistances. As a matter of fact, social rights have been understood and performed –within an old tradition of political thought– as proximity rights that cannot be universalized beyond the context of national States; this led to the resistant ideology of the protective function of State borders. Therefore it seems that the construction of the European Union as a complete political subject cannot be developed further if a centralized European Welfare is not created.

Keywords: Nation-State Crisis. Social Rights. European Federalizing Process
Borders, Violence, Law

Borders, Violence, Law

Authors: Javier De Lucas
Year: 2014, Volume: 2, Number: 2
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Abstract

This article explores the relationship between violence, law and borders by analyzing both the violence at the borders and the violence of the borders. In both cases, the author states that violence exerted by means of law, as well as migratory and asylum policies, threaten the universal human rights of the most vulnerable people and cannot be seen as exercising the legitimate monopoly of force, resulting in the destruction of the Rule of Law.

Keywords: Borders. Violence. Immigration. Asylum. Rule of Law. Human Rights
Ethics and Legal Keys to Biomedical Research in Spain

Ethics and Legal Keys to Biomedical Research in Spain

Authors: Antonio Cabanillas Sánchez; Jorge Zavala
Year: 2014, Volume: 2, Number: 2
(0 downloads)
Abstract

This study analyzes the Spanish regulations on Biomedical research, with special reference to the Act of July 3, 2007, inspired by the instruments adopted by the Council of Europe and the European Union as well as in the domestic laws of the United States and the United Kingdom, which are pioneers in the field. This is an advanced law which regulates basic character research and the most controversial issues, both in law and ethical spheres, especially in stem cells research, allowing, with certain limits, the use of embryos, human fetuses, ovocytes and pre-embryos. To complement this approach, the study also analyzes the legal regime applied to clinical trials for drugs and health products.

Keywords: Ethics. Spanish Law. Biomedical Research. Stem Cells. Clinical Trials
Legal Aspects of the Financing of Religious Groups in Spain

Legal Aspects of the Financing of Religious Groups in Spain

Authors: Óscar Celador Angón
Year: 2014, Volume: 2, Number: 2
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Abstract

The purpose of this paper is to analyze the Spanish public polices in the financing of churches and religious organizations. According to this approach, and taking in account that the Spanish legal frame lack of a common regulation for all religious groups, this paper aims to provide analysis of the following issues: the constitutional principles of the Spanish political system relevant to the religious freedom, the cooperation agreements between the State and the religious groups, and the economic and fiscal regime of the Catholic Church and the religious minorities.

Keywords: Financing of Religious Groups. Fiscal Neutrality. Religious Minorities. Cooperation Agreements between the State and the Religious Groups
The Rise of Human Rights Issue in the Post-Cold War World: The Vienna Conference (1993)

The Rise of Human Rights Issue in the Post-Cold War World: The Vienna Conference (1993)

Authors: Matheus De Carvalho Hernandez
Year: 2014, Volume: 2, Number: 2
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Abstract

This article aims to analyze the World Conference on Human Rights (Vienna, 1993) as a landmark in the human rights field. The goal is to discuss two hypotheses. First, that the Conference played an important role in the dissemination of human rights as an issue-area in international relations. Second, that the Conference contributed to the process of “relaxation of sovereignty”. The article is divided into three parts: the background to the Conference; the relationship between human rights and state sovereignty in the international system; the third section aims to connect the two hypotheses based on the debates of the Conference. The goal is not to analyze the Conference itself, but rather to demonstrate the trends that were empowered and unleashed by it in relation to the two hypotheses.

Keywords: Human Rights. International Relations. Vienna Conference. Sovereignty
The Antidiscrimination Principle and the Determination of Disadvantage

The Antidiscrimination Principle and the Determination of Disadvantage

Authors: María José Añón
Year: 2014, Volume: 2, Number: 2
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Abstract

This paper examines some of the limits of antidiscrimination law in its present form, focusing on the major trends that underlie it from the perspective of legislation and case law. It reflects on the traditional principles of interpretation and the impediments to incorporating standards offering both justification and explanation in the test of equality; standards that might detect the patterns or social structures of discrimination and identify individuals with greater accuracy. 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.

Keywords: Disadvantage. Equality Test. Indirect Discrimination. Structural Discrimination. Intersectionality
Human Rights and Forced Displacement of the Population (a Note about the Difficulties in the Case of Colombia)

Human Rights and Forced Displacement of the Population (a Note about the Difficulties in the Case of Colombia)

Authors: Pedro Carballo Armas
Year: 2014, Volume: 2, Number: 2
(0 downloads)
Abstract

With just over three million displaced persons, Colombia has a huge number of internally displaced persons and, without any doubt, is one of the largest in the world, entrenched for decades. The armed conflict raging in their society, especially in rural areas where there is little institutional presence, has resulted in a constant struggle in those territories between the “guerrillas” and paramilitaries. The validity of this conflict helps explain the idea of the dispossession suffered and the consequent abandonment of territories by the population, making this sort of internal diaspora called internal displacement. The government response is far from optimal because usually massive displacement of communities has produced a new phenomenology in dispute in reception sites, within the country’s own borders: isolation and maladjustment; marginality (and consequent invisibility), confinement, and social conflict. This analysis aims to highlight the humanitarian crisis and human rights conflict that stems from forced displacement and government policies, and the need to establish an efficient database to know the situation of the displaced population. Also it redefines a minimum list of essential rights of conflict victims and the feasibility of a transitional justice process.

Keywords: Human Rights. Forced Displacement. International Humanitarian Law. Governance and Government Policies
Cultural Diversities and Human Rights: History, Minorities, Pluralization

Cultural Diversities and Human Rights: History, Minorities, Pluralization

Authors: Eduardo J. Ruiz Vieytez
Year: 2014, Volume: 3, Number: 3
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Abstract

Cultural diversity plays today a prominent role in the updating and developing of human rights. Past developments in the protection of rights have essentially forgotten the democratic management of cultural and identity-based diversity. States have stifled the main developments of the rights and constrained them to partial views in favour of the majority or dominant groups in each country. The current context of regional progressive integration and social diversification within each state agrees on the need to address the adequacy of systems for the protection of rights from different strategies to the context of multiculturalism. Against the process of "nationalization of rights" it is necessary to adopt a strategy for pluralization. On the one hand, the concept of minority has to be given its corresponding importance in both international and domestic law. On the other hand, different kind of policies and legal instruments for the accommodation of diversity can be identified and used to foster this necessary process of pluralization.

Keywords: Cultural Diversity, Human Rights, Pluralization, Minorities, Accommodation, Multiculturalism, Discrimination.
Human Trafficking and the Rome Statute of the International Criminal Court

Human Trafficking and the Rome Statute of the International Criminal Court

Authors: Clare Frances Moran
Year: 2014, Volume: 3, Number: 3
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Abstract

The case for extending the reach of the Rome Statute to the crime of human trafficking has not yet been made in detail. The brutality which occurs when human beings are trafficked by criminal gangs is of an equally egregious nature as the other crimes covered by the Rome Statute and yet it does not fall within the remit of the International Criminal Court. Such trafficking may also fall outwith the definition of slavery as a crime against humanity, particularly given the State policy threshold set by the Statute. This paper seeks to explore the viability of the inclusion of human trafficking as a discrete international crime within the Rome Statute as a response to this loophole.

Keywords: Human Trafficking, Human Rights, International Criminal Law, International Criminal Court

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