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This paper analyzes the protection of victims of forced migration from the perspective of the philosophy of law and international human rights law. On the one hand, it focuses on the origin and philosophical-legal foundations of human dignity and its practical requirements as a legal principle. Understood in this sense, dignity is considered as the foundation of the most basic human rights; and implies universally enforceable legal prerogatives in favor of all persons, by the mere fact of their human nature; and without considering exogenous factors, such as origin or nationality. Within this context, fundamental notions such as ius communcationis, or the right of sociability of human beings and hospitality, which entail a common use of the universal land within the comunitas orbis or universal community, are recovered. It is concluded that, despite the efforts and the many legal instruments that exist in this regard, and which are based on the dignity of the individual, the protection afforded to them in practice is not sufficient. The reason for this lies in several factors, in particular, in the fact that although human dignity can be considered as the basis for the recognition of human rights on equal terms, its scope is limited to the most fundamental rights, such as life or the prohibition of torture and inhuman and degrading treatment, but does not imply more specific rights such as freedom of movement or residence. [ABSTRACT FROM AUTHOR]

In this paper, the problematic aspects of the thesis that bases human rights on the dignity of the person are presented. Following the metaphysics of the person of Thomas Aquinas, the ontological consistency referred to in this term is studied. Then the ideological inspiration of both modern «human rights» and Kantian ballast dignity is reviewed. The elements of natural rights that still exist in modern human rights theory are based on human nature, not directly and exclusively in the ontological dignity of the person. [ABSTRACT FROM AUTHOR]

This paper offers a conceptual approach to the phenomenon of post-truth and its effects on democracy and human rights. In order to achieve the proposed objectives, we first attempt to construct a concept of post-truth and identify some of the causes that explain it. Subsequently, we analyze the effects of post-truth on democracy and the role played by fake news in this scenario. Finally, we reflect on the impact on human rights that may be produced in the context of post-truth. [ABSTRACT FROM AUTHOR]

The cross between aging and progressive dependence gives rise to one of the most vulnerable stages in the existence of every human being. In this paper I ask myself to what extent the perspective of human rights is being correctly applied to this group of elderly and highly dependent people. To answer this question, I begin by distinguishing between the concepts of existential vulnerability and constructed vulnerability. While the first must be assumed by individuals and cared for by society, the second must be fought. Next, I review the public policies that have been promoted at a global and regional level in relation to the recognition of the rights of older people who are becoming increasingly dependent. This review leads me to notice a certain disproportion between the insistence on guaranteeing the rights of the elderly who can act autonomously compared to those who, being highly dependent and close to dying, can barely lead an independent life. This emphasis on active and healthy ageing, if it does not integrate long-term and end-of-life care, may end up turning against older people when they are more fragile, because it is based on a lack of knowledge of existential vulnerability that generates constructed vulnerability. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to analyze, based on a local experience, the tensions arising from the interaction between educational practices, access to rights, and the bureaucratic dynamics of penitentiary institutions, disciplinary administration, and punishment. The methodology employed was based on a qualitative and interdisciplinary approach, primarily involving active and participatory observation, emphasizing the concept of 'being there' in the field of study. Additionally, in-depth interviews were conducted with local agents, and documentary analysis was used to enhance the understanding of the dynamics under study. The results highlight the numerous challenges involved in the development of this practice in penitentiary environments for both students and teachers. This practice is hindered by institutional violence and the prioritization of security over rights, despite the rhetoric of regulations and even the penitentiary authorities acknowledging the rights of detainees. In this context, self-management and activism have become essential tools to facilitate access to education. In conclusion, educational practices in penitentiary contexts as a human right constitute a complex experience riddled with conflicts and contradictions. [ABSTRACT FROM AUTHOR]

Artificial intelligence (AI) has revolutionized our lives and will continue to transform them dramatically for decades to come. Its potential is indisputable and its applications can bring important benefits to people with disabilities. However, AI is a clearly ambivalent reality and along with its friendly face it also presents another one made up of various fundamental risks, many of an ethical nature, capable of creating new types of discrimination that curtail the rights of such groups, always in constant vindication, especially in the face of new realities. This paper will review in a generic sense the advantages and blind spots of artificial intelligence in relation to people with disabilities, with a specific focus on algorithmic biases, a key element with a recognized ability to organize society and influence policies and institutions through autonomous decision-making, based on behavior that is sometimes unfair and discriminatory. Finally, some solutions will be provided to shape a still incipient phenomenon, so that it develops at the service of all people, including those with any type of disability. [ABSTRACT FROM AUTHOR]

This paper addresses the relationship between the life of the Spanish legal philosopher, Gregorio Peces-Barba Martinez, and the development of human rights and fundamental rights in the Spanish university environment in the nineties. It is analyzed its evolution in Argentina in the same period of time. Finally, this work highlights both, the integral (and three-dimensional) bases of the thought of the Spanish teacher, and the scope they have at present and in the future of all human rights. [ABSTRACT FROM AUTHOR]

The main purpose of this paper is to understand the experiences of the students of Law with Intercultural Perspective belonging to Intercultural University of the State of Puebla during Covid-19 time, as well as identify how they connected to online classes, through a quantitative methodology. In this sense, the results prove that digital divide still a problem in regard to in Mexico. The Central Campus of the said university is in Huehuetla, a Totonac village in northeast State of Puebla. Several students are from indigenous communities of the states of Veracruz and Puebla. It is important to remember that most of them belong to rural areas. In addition, the indigenous and rural population in Mexico had poor connectivity during pandemic years. The high cost of access was another problem for the academic education of their young members. Today, internet is a basic tool in high education learning. For this reason, the said gaps in Mexican homes do difficult advances in academic formation of youngest members of families. Furthermore, this paper exposes the right to education in international declarations and Mexican law. During the last decades, International and National laws have recognized also the rights of indigenous peoples. The education is an essential field of human development of all populations. Summary, internet connectivity is a crucial factor in regard to current human rights. Digital education is a challenge in global world, because having a computer is not enough for a rational use of new technologies. [ABSTRACT FROM AUTHOR]

This paper aims to evaluate, from a critical and philosophical perspective, the evolution of sound legal practices and their impact on the possibility of building social welfare, an essential element for the current democratic consolidation. He considers that humanization is a social possibility that occurs when establishing legal relationships with otherness. It is the configuration of law, of the legal system, the unequivocal manifestation of overcoming the concomitant biological determinations of the animal condition, so that, based on practices based on justice, ethics and politics, it is possible to expand the scope of the right and have a positive impact on the constitution and social development. Given this scenario, the right is considered as a collective asset, expressible in solidarity, compassion and in the encounter with otherness, mediated by the intervention of the social pact. It is concluded that the best jurisprudence is the one capable of regulating social relations, by virtue of promoting actions that humanize coexistence and penalize violations of the dignity of individuals. [ABSTRACT FROM AUTHOR]

The fundamental rights of the crime victim have been strengthened through the establishment of the accusatorial criminal procedure in the Political Constitution of the United Mexican States. The problem is that important rules of the National Code of Criminal Procedures are still restrictive in terms of their constitutional rights. The current paper aims at analyzing the right of the crime victim to become an active part of the criminal procedure and as a result, this right could turn into a guarantee to provide effective access to every single stage of the criminal procedure for the adequate and timely defense of their interests according to due process of law. It is concluded that this right is the nucleus of a jurisprudence doctrine issued by the Federal Tribunals to progressively broaden the scope of the adjectival rights of the victim in conditions of procedural equity with the defendant's rights. This is a documentary research developed within the framework of the theory of guarantee procedural law through the analytical and hermeneutic methods. [ABSTRACT FROM AUTHOR]

Both the concept of human rights in Jacques Maritain and his the role in the drafting of the Universal Declaration of Human Rights (UDHR) in 1948 continue to generate significant interest among scholars and researchers. This interest is driven by a desire to understand the foundations of human rights in a multicultural context as well as the influence of the French philosopher on the composition of the UDHR. Charles Malik, a Lebanese philosopher and diplomat, was a nuclear drafter of the UDHR. An extensive archive of Malik’s papers is preserved at the Library of Congress, including large sections from his university years and his tenure as Lebanon’s ambassador to the United Nations. In order to provide original sources, this article presents Charles Malik’s references to the person and thought of Jacques Maritain, which will serve as a valuable resource for future researchers seeking to explain and clarify Maritain’s role and ideas in the drafting of the UDHR. [ABSTRACT FROM AUTHOR]

how to teach bioethics rigorously and attractively? This paper develops one of the pedagogical strategies implemented by a research team of the Faculty of Psychology of the University of Buenos Aires to transmit Bioethics through online platforms. Based on the methodology of the Casebook Unesco of Psychiatry and Mental Health, a multiple-choice exercise was designed in Moodle's educational platform, which presents complex ethical dilemmas clearly. The purpose of the activity is to provide a tool to contemplate the effects of the course of action for the field of health and subjectivity. The exercise consists of providing different levels of help for the resolution of the dilemmatic situation, through the reference to relevant bibliographic sources, with particular emphasis on the articulation of the Universal Declaration on Bioethics and Human Rights and the deontological codes that govern professional practice. Using case-vignettes in virtual environments aims to develop competencies that allow students to participate in decision-making processes actively. This calls for the collective construction of knowledge through dialogic exchange and ethical deliberation. [ABSTRACT FROM AUTHOR]

The interpretation and application of the guiding or governing principles of the Convention on the Rights of the Child, is of the utmost importance in the intervention of the child in judicial processes, since the nonconsideration of these principles could mean the violation of rights recognized in the Convention, which in turn will bring harmful consequences for the life and development of the child. Therefore, the objectives of this paper are to identify the guiding principles or guidelines of the Convention on the Rights of the Child, in order to later determine how the Inter-American Court of Human Rights has interpreted and applied these principles in specific cases, and thus specify which one, are the international standards on the intervention of the child in judicial proceedings, in accordance with the rulings of the Inter-American Court of Human Rights. [ABSTRACT FROM AUTHOR]

Irregular migration is a complex phenomenon that defies the sole concepts of movement restriction and lockdown introduced by the pandemic. Accordingly, 2020 was a particularly tense year for migratory fluxes from Africa to Europe. The Canary islands route saw a reactivation after almost a decade of low activity, with 23,023 registered arrivals in 2020. Similarly to other European islands, such as Lesbos or Lampedusa, the Canary islands have limited state assistance resources for immigrants. The pandemic is, thus, a cause of the massive emigration in the Maghreb and Sub-Saharan Africa, but is also a decisive factor for the human rights violations before, during and after the immigrants’ arrival at the islands. Under these circumstances, Spain is obliged to comply with international, European, and national law regarding migrants’ fundamental rights. This paper argues that Spain must always guarantee the health protection of refugees and asylum seekers during the legal procedures of intervention, assistance and detention. Furthermore, the enforcement of sanitary measures is not a valid cause for omitting certain guarantees such as the right to legal assistance, the freedom of movement within national territory, the compliance with detention times, and the use of clean and safe reception centers. [ABSTRACT FROM AUTHOR]

This paper provides a look at the social conflicts that have taken place in Costa Rica during the Covid-19 pandemic (January 2020 and December 2021). This study comes from the registered collective actions and the experiences of the "Community Observatory of Collective Actions." Based on this data, four axes of conflict were identified during this period: a) The demand for rights and defense of indigenous territories, b) Communities in defense of water and the environment, c) Draft laws that threaten common goods, d) Labor conflicts and pollution in the production of monocultives. [ABSTRACT FROM AUTHOR]

The article analyzes the governmental measures implemented by Chile and El Salvador during the pandemic to manage the repatriation of their nationals and resident citizens who were stranded abroad due to the closing of borders, a decision imposed by governments worldwide as a measure to contain the health crisis generated by COVID-19 in their territories. The restriction to the freedom of movement of people across borders caused in several countries of the region an additional humanitarian drama to the devastating effects of the global health crisis, so this paper examines this problem from the coverage given by the Latin American media to the repatriation processes of Chileans and Salvadorans as case studies, through a qualitative documentary analysis of the news about the main difficulties and consequences generated by this humanitarian drama. An important conclusion of the study recognizes the relevance of the administrative, logistic, and communicational capacity that the diplomatic missions of Latin American countries should develop, as well as the preeminence of human rights in international relations in order to face more responsibly the migratory crisis caused by the closing of borders for sanitary reasons. [ABSTRACT FROM AUTHOR]

This paper analyses the Peruvian institutional scaffolding that favours mechanisms for dispossessing land from indigenous peoples in Peru, despite their protection by regulations that recognise them as such and their constitutional status, which imposes binding obligations. International human rights protection standards are therefore violated, along with the International Labour Organization's Convention 169 and the jurisprudence of the Inter-American Court of Human Rights (IACHR). It is therefore noteworthy that the Peruvian State has approved the titling of indigenous peoples' lands that are suitable for forestry "Transfer of use rights" - the main mechanism of dispossession affecting the ancestral territories of the indigenous peoples of the Peruvian jungle. [ABSTRACT FROM AUTHOR]

The deepest impacts of extractivism are its spillover effects - the transformations it provokes in public policies (environmental, social and economic) and in terms of key concepts like development, politics, justice, democracy and nature. Based on a description of the cases of Tariquía National Flora and Fauna Reserve, Carrasco National Park and the Apolobamba National Natural Area of Integrated Management, this paper analyses the sequence of extractivism-related spillover effects on public policies, regulations and the operation of all Bolivia's protected areas. Particular emphasis is placed on the consequences for human rights and rights of nature, which are recognised in Bolivian law. [ABSTRACT FROM AUTHOR]

This paper makes a comparative study of the socio-state capacities developed during the processes of institutionalising protected natural areas (PNA) in Latin America. It sets them within a framework of their interdependence with global governance processes and in relation to the role human rights have played for these purposes. Taking an approach that combines analysis of multilevel collective action with process monitoring, this work traces the trajectories of national and multilateral institutions; analyses the main dynamics that arise in the delimitation of the protection of natural areas in the countries with the greatest biodiversity in the region; and explores the possibilities for new agreements on the global agenda. [ABSTRACT FROM AUTHOR]

At the intersection between sociology, anthropology and law, this article analyses the various legal instruments for the protection of the natural environment in Colombia. In their application, these instruments have produced a range of conflicts, stemming from ecosystem conservation strategies, legal complexity and disregarded social realities. Based on the analysis of the situation in the Ciénaga Grande de Santa Marta, the paper argues that the interaction of the different environmental protection and conservation measures is generating a tension between guaranteeing protection for human rights, people's well-being and the ecosystems themselves. [ABSTRACT FROM AUTHOR]

The interpretation and application of the guiding or governing principles of the Convention on the Rights of the Child, is of the utmost importance in the intervention of the child in judicial processes, since the nonconsideration of these principles could mean the violation of rights recognized in the Convention, which in turn will bring harmful consequences for the life and development of the child. Therefore, the objectives of this paper are to identify the guiding principles or guidelines of the Convention on the Rights of the Child, in order to later determine how the Inter-American Court of Human Rights has interpreted and applied these principles in specific cases, and thus specify which one, are the international standards on the intervention of the child in judicial proceedings, in accordance with the rulings of the Inter-American Court of Human Rights. [ABSTRACT FROM AUTHOR]

The relationship between Law and neurotechnologies is an fascinating subject. The impact of neurotechnologies is significant: from the human personal identity and the freedom of choice, to the legal liability. This paper deals with the so-called neuro-rights. The Chilean constitutional reform and the "Digital Bill of Rights" of the Government of Spain are two different paths to the same end: to regulate and protect Human Rights in the face of the advances of neurotechnology. [ABSTRACT FROM AUTHOR]

This paper explores the bioethical dimension of the vaccination process for COVID- 19 in pregnant women. To achieve this objective, the following aspects are considered: 1) the historical antecedents of immunization, rescuing the importance of the works of Wortley, Jenner, Pasteur, among others. 2) The dilemmas that have arisen around the practice of vaccination, among which the growing commercialization of the pharmaceutical industry stands out, articulating to a macro project of globalization and social exclusion. However, in the midst of this onslaught of the contemporary economic model, key approaches emerge to safeguard the right to life and the protection of human dignity, such as the Universal Declaration of Bioethics and Human Rights proposed by UNESCO in 2005 3) The various obstetric and ethical positions considered for the use of vaccines in pregnant women. 4) The dilemmas arising from the implementation of vaccines for COVID-19 on pregnant women, not yet having enough scientific documentation to know the adverse effects in the future. It concludes on the need to evaluate each particular case before making a decision regarding the immunization of women in the midst of the pandemic, considering, previously, health as a fundamental human right and the right to information, as a means to take a wise decision in relation to the subject. [ABSTRACT FROM AUTHOR]

This paper, developed under a diachronic-rationalist approach, analyzes the existing interconnection between pharmaceutical patents and human rights in the current context. To achieve this end, the research focuses on the following aspects: 1) the commercialization of resources that could favor public health. 2) The synergies that promote the mixed investment of public and private capital for the distribution and effective use of drugs. 3) The role of human rights in the practices of production of health goods and services. 4) Market strategies that do not violate the individual and collective rights of citizens. It concludes on the importance of pointing out the role of the State as a regulator of commercial activities on aspects that concern public health, in addition to indicating that pharmaceutical patents constitute a social opportunity to promote health, this to the extent that they articulate efforts with the State and with social sectors, to give way to the consolidation of human rights and the vindication of the dignity of life. [ABSTRACT FROM AUTHOR]

The article analyzes the militant trajectories of the Argentinean Envar El Kadri and the Frenchman François Gèze as case studies of the connections that emerged during the radicalization of broad sectors of the international left around 1968 and the outpouring of support for the defense of human rights at the beginning of the 1980s. As late as 1975, both actors shared an anti-imperialist discourse and support for revolutionary movements, but in a few years, both El Kadri and Gèze positioned themselves clearly in support of the defense of human rights, repudiating the Argentine dictatorship. From a perspective of connected stories, this paper argues that the change from supporting revolutionary violence to a strict international humanitarian denunciation was not exclusively a Latin American phenomenon. On the contrary, it was a process of global political transformation that had particularities in different regions. [ABSTRACT FROM AUTHOR]

In this paper it is proposed the concept of primal debt in the context of the women reproductive rights. Such a concept unfolds from the critical analysis of the symbiotic relationships between patriarchy and capitalism and the way in which they have historically been involved in perjury and economic exploitation of women through their natural reproductive capacity. In fact, it is an unquestionable biological aspect that women constitute the primary and unique source of continuous human capital generation; main productive factor since always used for the construction of all the material and immaterial wealth of human civilization, and its cumulative economic progress, expressed by the sum of the annual GDP of the nations. Therefore, even though women have achieved important recent achievements in the context of civil and labor rights, it is nevertheless imperative to recognize that there is an accumulated deity of millennia of injustice to women because of the unjustifiable current inexistence of the concept of primal debt, as well as its international recognition and consequent establishment as a topic of extreme social relevance to be developed in the context of the reproductive rights of women. Since, in this work, as a first action for the recognition of this primitive idea, it proposes the introduction of the concept of primal debt in the context of the reproductive rights of women; aiming at the future institution of its due monetary reimbursement, by means of effective legal mechanisms to be developed by the organizations responsible for the policies of defense of the rights of women on a world scale. [ABSTRACT FROM AUTHOR]

In this paper it is proposed the concept of primal debt in the context of the women reproductive rights. Such a concept unfolds from the critical analysis of the symbiotic relationships between patriarchy and capitalism and the way in which they have historically been involved in perjury and economic exploitation of women through their natural reproductive capacity. In fact, it is an unquestionable biological aspect that women constitute the primary and unique source of continuous human capital generation; main productive factor since always used for the construction of all the material and immaterial wealth of human civilization, and its cumulative economic progress, expressed by the sum of the annual GDP of the nations. Therefore, even though women have achieved important recent achievements in the context of civil and labor rights, it is nevertheless imperative to recognize that there is an accumulated deity of millennia of injustice to women because of the unjustifiable current inexistence of the concept of primal debt, as well as its international recognition and consequent establishment as a topic of extreme social relevance to be developed in the context of the reproductive rights of women. Since, in this work, as a first action for the recognition of this primitive idea, it proposes the introduction of the concept of primal debt in the context of the reproductive rights of women; aiming at the future institution of its due monetary reimbursement, by means of effective legal mechanisms to be developed by the organizations responsible for the policies of defense of the rights of women on a world scale. [ABSTRACT FROM AUTHOR]

This paper intends to analyze the role played by ideology in regard to the historical implementation of human rights, questioning whether this implementation has fulfilled an eminently ideological function. The reflection will pass through the vision of two scholars who have held one of the most interesting contemporary philosophical discussions: Louis Althusser and Michel Foucault. At first, the Althusserian theory of ideology will be outlined, in order to defend that human rights have operated as an "ideological apparatus", questioning the individual from an immanently capitalist context. Then, we will verify that Michel Foucault was very critical of the Althusserian approaches. The notion of a transcendental subject will be crucial in such criticism, since in the Foucaultian perspective there are never subjects that are constituted prior to effective dynamics of power. In Foucaultian analysis, ideology will no longer occupy an essential place. The contributions of Slavoj Žižek will also be, by the way, decisive throughout this discussion. Finally, some critical reflections will be drawn to think about the emancipatory possibility of human rights in the contemporary world. [ABSTRACT FROM AUTHOR]