Search

Copyright of Revista CES Derecho is the property of Universidad CES and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Latinoamericana de Ciencias Sociales, Niñez y Juventud is the property of Centro de Estudiso Avanzados en Ninez y Juventud alaianza Cinde, Universidad de Manizales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de la Facultad de Derecho y Ciencias Políticas is the property of Revista Faculdad de Derecho y Ciencias Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Artificial Intelligence Act (AIA) has been approved in March 2024 and this article addresses some parts of this Act in relation to the fundamental rights, that the society is concerned with. It starts by looking at some of the critical aspects of the first version of this Act and then moves on to zoom in this Act’s vision of fundamental rights and argues that the fundamental rights are considered and articulated through different rights situated within a variety of contexts (labour relationships, consumer protection, etc.). However, the Act does not make explicit or sufficient reference to some fundamental rights which could be substantially impacted by AI: the article suggests some of the ways to improve this vision and increase the benefits of AI for citizens and their rights. [ABSTRACT FROM AUTHOR]

Copyright of Revista CES Derecho is the property of Universidad CES and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Española de Derecho Constitucional is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Resumen: En los dos decenios siguientes a la adopción del Pacto Internacional de Derechos Económicos, Sociales y Culturales, la OIT aplicó un enfoque realista al defender que el ejercicio de la seguridad y salud en el trabajo (SST) como derecho fundamental pasaba por garantizar ciertas condiciones económicas previas. El presente estudio histórico‐comparativo pasa revista a la actuación de la OIT en ese contexto, a la luz del nuevo complejo de incertidumbre sanitaria mundial y de la incorporación de la SST al marco de principios y derechos fundamentales en el trabajo. Se analiza también la aplicabilidad de un enfoque de realismo vigilante a la labor actual de la OIT en este campo. [ABSTRACT FROM AUTHOR]

The implementation of the Constitution as a rule of rules, required a systematic modification in all the understanding, structure, and development of the Colombian legal order, based on strict legality, marked by the rational-positivist aspiration to offer full legal security, expressed in predictability of the application of the law to all factual assumptions. By rigorously adopting the constitutional provisions, it was required to understand its dogmatic part and its organic part in a harmonious way; its philosophical vocation in a context of political transition that yearned for peace, and the administration of justice beyond insurgent demands and drug trafficking attacks; it was demanded to accept the action of a new Constitutional Court that became not only a full interpreter of the Charter, but also a rights-maker. Among the many changes that took place with constitutional development, the understanding of fundamental rights has been one of the scenarios for further analysis and reflection due to the social, political, cultural, and economic horizons that arises from its existence, fulfillment, understanding or creation. This text sets out to offer a factual and analytical route to nature and the foundation of fundamental rights from a conceptual definition that requires a necessary break with the natural law tradition and the language that guides the creation and enforceability of Human Rights. [ABSTRACT FROM AUTHOR]

In Colombia, there is a constitutional guarantee to carry out dignified death. However, despite having been developed from various resolutions of the Ministry of Health and Social Protection (MinSalud), the practice can be complex due to the intervention of various actors with whom there may even be a conflict of rights. This article raises questions such as: what should be done when a euthanasia procedure is requested and the fundamental rights of the actors involved come into conflict? Are the regulations on the subject clear, complete, precise, and effective? Do the actors involved in these conflicts -- such as health service providers, patients, doctors -- see their rights in conflict in the euthanasia procedure in Colombia? To answer these questions, a study of the concepts of the right to a dignified death, conscientious objection, active and passive euthanasia, assisted suicide, and mercy killing was carried out, as well as the test of reasonableness and the principle of proportionality. [ABSTRACT FROM AUTHOR]

The special constitutional relevance is a critic dialogical instrument from the perspective of multilevel constitutionalism and, especially, is a privileged conversational element between the Spanish Constitutional Court and the European Court of Human Rights. The need to adapt the constitutional jurisprudence of the Spanish Constitutional Court to the case law of the European Court of Human Rights as a cause of special constitutional relevance institutionalizes a practice already followed by the Constitutional Court by virtue of art 10.2 of the Spanish Constitution. Now, in addition, two further aspects are incorporated: a principle of collaboration between the appellants in amparo and the Court in the detection of new developments in the international systems, and the reinforcement of the Constitutional Court as a principal mean for channeling the European jurisprudence to ordinary justice. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to offer a global overview of the path taken by the Constitutional Court during these more than forty years of appeal for amparo. It also reveals the importance of this resource in the protection of fundamental rights and freedoms. Its trajectory is analyzed over decades, emphasizing what has been proven to be most significant and defining in each of them, including the one we are still immersed in: judgements, milestones, challenges, etc. [ABSTRACT FROM AUTHOR]

The analysis of the decisions of the Constitutional Court on freedom of artistic creation shows that it is a freedom whose recognition and constitutional regime is being forged in recent decades. Taking into account this context, there has been an evolution in the constitutional case-law that has gone from considering it part of freedom of speech to conceiving it as an autonomous freedom. Although this evolution has not been linear or clear, in a double and relevant sense. On the one hand, the transition towards an autonomous freedom has not been reasoned or armed with a minimum load of arguments and, to this day, the Court's position regarding the scope of this freedom is still not crystal clear. On the other hand, the autonomy of the freedom of artistic creation with respect to freedom of speech should lead to the design of a minimum constitutional regime differentiated with respect to the latter, which has not been pointed out by the Constitutional Court. This article analyzes in detail the described evolution of the constitutional case-law in relation to the freedom of artistic creation, evaluating the different options of the constitutional jurisprudence. [ABSTRACT FROM AUTHOR]

National identity, referred to in Article 4(2) TEU, has been interpreted in different ways by the Court of Justice of the European Union and by different constitutional jurisdictions in some member States. This paper examines the evolution of the regulation of constitutional identity in the Union's treaties and in the case law of the Court of Luxembourg and certain constitutional courts, and proposes, in the light of the analysis carried out, some hypotheses as to which bodies should be responsible for invoking national identity, in which cases and with what effects. [ABSTRACT FROM AUTHOR]

This paper reflects on the relationship between constitutional change and stability based on the Chilean case. The article revolves around two questions: How do constitutional rigidity and democracy relate? How was this relationship established in recent Chilean constitutionalism? In this article, I argue that a type of counter-majoritarian rigidity makes it challenging to accommodate constitutionalism and democracy. I suggest that the Chilean model was characterized by this rigidity, which generated a constitutional crisis that led to two failed constitutional processes. Despite this, the current Constitution has undergone a fundamental change expressed in its flexibilization. Finally, I reflect on the institutional possibilities of participatory constitutional change based on a critical analysis of the amendment model in the 2022 constitutional proposal. [ABSTRACT FROM AUTHOR]

The article titled "Sovereignty" is a review of the work of the same name, edited by Carlos Ramón Fernández Liesa, Juan Daniel Oliva Martínez, and Oscar Pérez de la Fuente. The book addresses the study of the notion of sovereignty from different perspectives, analyzing its content, scope, ownership, and validity. The article highlights the historical relevance of sovereignty both domestically and internationally, and addresses current challenges that require rigorous reflections. Reflections are presented on the complexity of sovereignty in the context of globalization, as well as its relationship with democracy and its transformation. The role of states in this transformation process is also discussed, and reflection is given to the uncertainty of the legal framework that underpins sovereignty. [Extracted from the article]

This article examines the complex relationship between democracy and fundamental rights, arguing that a historical perspective on rights, which is indispensable, does not necessarily justify their existence in historicist terms. It notes that the expansion and generalisation of rights have posed challenges to defining a unified concept of fundamental rights. Furthermore, it criticises the romantic perception that democracy is sufficient to guarantee these rights, especially in a context of crisis of representation, corruption and other contemporary challenges. The article also addresses the disjuncture between democracy and capitalism, especially in its neoliberal form, arguing that this alliance has been problematic and has contributed to the erosion of social rights. It is stressed that while democracies may violate human rights, these violations are not systematic and there are mechanisms to denounce and correct them. The author suggests that in order to understand the current challenges in the discourse of rights, it is crucial to consider their history from Modernity to the present. [ABSTRACT FROM AUTHOR]

Copyright of Revista Crítica de Relaciones de Trabajo, Laborum is the property of Ediciones Laborum S.L. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Telos is the property of Revista Telos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of IgualdadES is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Administración Pública is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Nuevo Foro Penal is the property of Universidad EAFIT and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Prospectiva is the property of Universidad del Valle and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Via Inveniendi et Iudicandi is the property of Universidad Santo Tomas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Derecho Privado y Constitución is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article "Euthanasia and fundamental rights" analyzes the legal regulation of euthanasia and its compatibility with the fundamental rights of individuals. It examines the most significant decisions of constitutional courts and the European Court of Human Rights that have modified the current law on euthanasia in the name of respecting the fundamental rights of patients. Two basic forms of euthanasia are addressed: voluntary passive euthanasia and voluntary active euthanasia. The article highlights the importance of protecting the fundamental rights of patients in relation to the regulation of euthanasia. The debate on the right to die and assisted suicide is also discussed from a constitutional perspective. Judicial cases in different countries addressing this issue are mentioned. In general, it is concluded that the prohibition of assisted suicide does not violate fundamental rights, although states have some margin of appreciation to balance this right with other interests at stake. The article provides information on judicial decisions related to euthanasia in different European and American countries. Three recent judgments of the constitutional courts of Portugal and Italy are also mentioned, as well as the first position of the European Court of Human Rights on active euthanasia in Belgium. The article discusses the issue of euthanasia and the fundamental rights of patients. It mentions that there is a fundamental right of the patient to refuse any medical treatment. The discussion on passive and active euthanasia is also raised, and different legal and constitutional positions on the matter are addressed. Finally, a judgment of the Spanish Constitutional Court is mentioned, which questions the compatibility of euthanasia legislation with fundamental rights. [Extracted from the article]

Judges have played a leading role in the decriminalization of euthanasia and assisted suicide in several countries. Since the 1990s, they have promoted the annulment or restriction of norms that punish mercy killing and assisted suicide and have contributed to the development of the ethicallegal foundations of assisted death procedures. However, in each country, the judges have attributed very different scope, nature and foundations to the right to assisted death. In this article I analyze three main differences, related to the conditions that give access to medical care, the fundamental rights that support it and its nature as a subjective right. I conclude that the right to assisted death can be, depending on the country, a privilege, an immunity or a claim, often based on different--and incompatible-- interpretations of fundamental rights and with variable applicability. [ABSTRACT FROM AUTHOR]

The autonomy of religious groups has recently been questioned in the light of the socalled sexual rights and the requirements of equality and non-discrimination legislation. This situation demands an examination of the meaning, content and rationale of the autonomy of religious groups, analyzing its value in the law of the EU. [ABSTRACT FROM AUTHOR]

The evolution of the electoral results obtained in recent years by far-right parties, in more than half of the coun- tries of the European Union, raises some fears and represents a normal concern about the possible threat that the present and future policies that these parties can implement, translate into a limiting effect on the fundamental rights of the population. It is possible to find some answers in the analy- sis of the measures carried out by the mem- ber countries in the area of social policy, particularly in relation to those that promote or inhibit the social inclusion of the most vulnerable groups (by reducing the budget items of this section), and especially of the immigrant population. It is curious to observe how, apart from Poland and Hungary, the greatest boom is occurring in social democratic countries (Sweden and Finland), Mediterranean (Italy) and continental (France) and the smallest, in liberal countries (the United Kingdom). United Kingdom and Ireland). [ABSTRACT FROM AUTHOR]

Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of IDP: Revista de Internet, Derecho y Politica is the property of Universitat Oberta de Catalunya and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of IDP: Revista de Internet, Derecho y Politica is the property of Universitat Oberta de Catalunya and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Estudios de la Administración Local y Autonómica is the property of Instituto Nacional de Administracion Publica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article is about the ruling of the Superior Court of Justice of Castilla y León (Burgos) on July 19, 2024, in which an appeal by a community of property owners in Valladolid against the suspension of legal noise limits during the Patron Saint festivities of San Antonio de Padua 2022 is analyzed. The Court determines that the patron saint festivities are special cultural events, while the pre-festivities do not fall into this category. The importance of assessing the acoustic impact and delimiting the acoustic area before suspending legal noise limits is highlighted. [Extracted from the article]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Estudios Penales y Criminológicos is the property of Universidad de Santiago de Compostela, Servicio de Publicaciones and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Española de Derecho Internacional is the property of Asociacion Espanola de Profesores de Derecho Internacional y Relaciones Internacionales (AEPDIRI) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de la Facultad de Derecho y Ciencias Políticas is the property of Revista Faculdad de Derecho y Ciencias Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de la Facultad de Derecho y Ciencias Políticas is the property of Revista Faculdad de Derecho y Ciencias Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Justicia (0124-7441) is the property of Universidad Simon Bolivar and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Argumenta Philosophica is the property of Herder Editorial S.L. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Via Inveniendi et Iudicandi is the property of Universidad Santo Tomas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Técnica Tributaria is the property of Asociacion Espanola de Asesores Fiscales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Derecho Privado y Constitución is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)