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. It examines MacIntyre’s revision of Iusnaturalism with an Aristotelian approach, Arendt’s methodological Iuspositivism highlighting legal frameworks, Nino’s rationality-based human rights theory, and Habermas’ emphasis on communicative action and social constructs. 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. Significantly, it introduces a dialectical perspective on rationality as a dynamic and evolving human attribute, addressing the constructivist necessities in defining human nature amidst prevailing uncertainties.
{"title":"Intersecting Visions of Justice: The Philosophical Tapestry of Human Rights and Human Nature in the Thoughts of Macintyre, Arendt, Nino, and Habermas","authors":"Milton Arrieta-López, Roberto Certain-Ruiz","doi":"10.17561/tahrj.v22.8430","DOIUrl":"https://doi.org/10.17561/tahrj.v22.8430","url":null,"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. It examines MacIntyre’s revision of Iusnaturalism with an Aristotelian approach, Arendt’s methodological Iuspositivism highlighting legal frameworks, Nino’s rationality-based human rights theory, and Habermas’ emphasis on communicative action and social constructs. 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. Significantly, it introduces a dialectical perspective on rationality as a dynamic and evolving human attribute, addressing the constructivist necessities in defining human nature amidst prevailing uncertainties.","PeriodicalId":501159,"journal":{"name":"The Age of Human Rights Journal","volume":"19 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140234392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article explores the specific measures that States should adopt for the national implementation of reasonable accommodations —a key feature of the UN Convention on the Rights of Persons with Disabilities and a critical tool in addressing disability equality and non-discrimination. It argues that the Convention itself offers limited guidance on this issue, suggesting that State Parties should turn to the practices of UN human right bodies for orientation, despite acknowledging challenges in doing so. The main finding highlights that the national implementation of reasonable accommodations demands a series of measures across different domains, emphasizing that mere incorporation into national legislation is necessary but not sufficient.
{"title":"‘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","authors":"Eduardo Marchant","doi":"10.17561/tahrj.v22.8258","DOIUrl":"https://doi.org/10.17561/tahrj.v22.8258","url":null,"abstract":"This article explores the specific measures that States should adopt for the national implementation of reasonable accommodations —a key feature of the UN Convention on the Rights of Persons with Disabilities and a critical tool in addressing disability equality and non-discrimination. It argues that the Convention itself offers limited guidance on this issue, suggesting that State Parties should turn to the practices of UN human right bodies for orientation, despite acknowledging challenges in doing so. The main finding highlights that the national implementation of reasonable accommodations demands a series of measures across different domains, emphasizing that mere incorporation into national legislation is necessary but not sufficient.","PeriodicalId":501159,"journal":{"name":"The Age of Human Rights Journal","volume":"32 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139602455","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article investigates the role of Indonesia’s Anti-Communism laws in shaping and shifting collective memory of past atrocities into an imperative history. These laws are to be understood as a set of rules enacted by the state to proscribe the existence of communism by criminalizing speech of any kind that disseminates the idea of Marxism, Leninism, and Communism. Based on our analysis of several judicial decisions and empirical evidence related to the creation of collective memory, we contend that the problem of the anti-communism laws is twofold. First, these laws show a conflict between law and history because they enable judicial practices to transform the judges into the arbiters of history. Second, these laws—in addition to other institutions, mechanisms and ultimately embedded ideas/norms—have been enabling a process of social silencing that infringes freedom of expression as they have moved away from punishing acts to punishing speech, writing and certain ways of being.
{"title":"Law, Memory, and Silence: The Case of Anti-Communism Laws in Indonesia","authors":"Harison Citrawan, Ganesh Cintika Putri","doi":"10.17561/tahrj.v22.8021","DOIUrl":"https://doi.org/10.17561/tahrj.v22.8021","url":null,"abstract":"This article investigates the role of Indonesia’s Anti-Communism laws in shaping and shifting collective memory of past atrocities into an imperative history. These laws are to be understood as a set of rules enacted by the state to proscribe the existence of communism by criminalizing speech of any kind that disseminates the idea of Marxism, Leninism, and Communism. Based on our analysis of several judicial decisions and empirical evidence related to the creation of collective memory, we contend that the problem of the anti-communism laws is twofold. First, these laws show a conflict between law and history because they enable judicial practices to transform the judges into the arbiters of history. Second, these laws—in addition to other institutions, mechanisms and ultimately embedded ideas/norms—have been enabling a process of social silencing that infringes freedom of expression as they have moved away from punishing acts to punishing speech, writing and certain ways of being.","PeriodicalId":501159,"journal":{"name":"The Age of Human Rights Journal","volume":"26 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139602233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The European Union migration governance is characterised by non-linearity and complexity. Such governance represents the competition of a multitude of actors that compete for power and visibility. The policies designed by its member states - based on the decisions of the European Court of Human Rights - oscillate between an inclusive and an exclusive migration governance approach. A concept that can offer a comprehensive understanding of the social and normative dynamics that transformed the Mediterranean Sea as a space of inclusion and exclusion is assemblage. The article suggests that the EU and its member states design migration governance policies on an instrumental assemblage of borders, territory and human rights. From the discussion of these assemblages, it emerges how the compromise developed by the European Court of Human Rights contributed to further exclusion and human rights violations in the Mediterranean Sea. Thus, assemblage offers a critical perspective on the normative limits of the migration management policies unfolding at EU borders.
{"title":"Assembling Containment at European Union Borders: Between Inclusion and Exclusion","authors":"Martino Reviglio Della Veneria","doi":"10.17561/tahrj.v22.7773","DOIUrl":"https://doi.org/10.17561/tahrj.v22.7773","url":null,"abstract":"The European Union migration governance is characterised by non-linearity and complexity. Such governance represents the competition of a multitude of actors that compete for power and visibility. The policies designed by its member states - based on the decisions of the European Court of Human Rights - oscillate between an inclusive and an exclusive migration governance approach. A concept that can offer a comprehensive understanding of the social and normative dynamics that transformed the Mediterranean Sea as a space of inclusion and exclusion is assemblage. The article suggests that the EU and its member states design migration governance policies on an instrumental assemblage of borders, territory and human rights. From the discussion of these assemblages, it emerges how the compromise developed by the European Court of Human Rights contributed to further exclusion and human rights violations in the Mediterranean Sea. Thus, assemblage offers a critical perspective on the normative limits of the migration management policies unfolding at EU borders.","PeriodicalId":501159,"journal":{"name":"The Age of Human Rights Journal","volume":"65 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139601483","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There have been advances in Latin America regarding the recognition of sexual and reproductive rights, especially in relation to disadvantaged groups such as women and LGBTI persons. In this sense, it is relevant to mention the recognition by the Inter-American System of the right to health as a true right. Nevertheless, there are still many challenges to be faced. In this paper, I will review the progress and challenges of the Inter American Court of Human Right in sexual and reproductive health rights, looking to offer a panoramic overview from a global south perspective by analyzing specific cases. I will then highlight some achievements and setbacks in this area, focus on the impact of these cases in the region and criticize some of the Court's limited responses.
{"title":"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","authors":"Liliana Ronconi","doi":"10.17561/tahrj.v22.7980","DOIUrl":"https://doi.org/10.17561/tahrj.v22.7980","url":null,"abstract":"There have been advances in Latin America regarding the recognition of sexual and reproductive rights, especially in relation to disadvantaged groups such as women and LGBTI persons. In this sense, it is relevant to mention the recognition by the Inter-American System of the right to health as a true right. Nevertheless, there are still many challenges to be faced.\u0000In this paper, I will review the progress and challenges of the Inter American Court of Human Right in sexual and reproductive health rights, looking to offer a panoramic overview from a global south perspective by analyzing specific cases. I will then highlight some achievements and setbacks in this area, focus on the impact of these cases in the region and criticize some of the Court's limited responses.","PeriodicalId":501159,"journal":{"name":"The Age of Human Rights Journal","volume":"42 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139601030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ana García Juanatey, Ilaria De Vita, Bettina Steible
This paper aims to explore the role that human rights can play not only as legal instruments to achieve climate justice, but also as practical tools to improve communication of the climate emergency. We do this by explaining how different narratives, values and emotions affect the public’s perception of this vital issue. Finally, we propose effective strategies to improve climate communication according to human rights principles and values.
{"title":"Overcoming Resistance to Climate Action in the Global North: The Potential of Using Human Rights as a New Paradigm for Climate Communication","authors":"Ana García Juanatey, Ilaria De Vita, Bettina Steible","doi":"10.17561/tahrj.v22.7967","DOIUrl":"https://doi.org/10.17561/tahrj.v22.7967","url":null,"abstract":"This paper aims to explore the role that human rights can play not only as legal instruments to achieve climate justice, but also as practical tools to improve communication of the climate emergency. We do this by explaining how different narratives, values and emotions affect the public’s perception of this vital issue. Finally, we propose effective strategies to improve climate communication according to human rights principles and values.","PeriodicalId":501159,"journal":{"name":"The Age of Human Rights Journal","volume":"40 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139599320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this article, I intend to identify, within the frame of the semiotic theories of C.S. Peirce and U. Eco, some indications that may help to shed light on a remarkable phenomenon of constitutional interpretation, namely the influence exerted, in the determination process of the constitutional provisions which attribute fundamental rights, by the set of beliefs, expectations, purposes, etc., sedimented within a socially oriented linguistic practice. Through this operation of analogical transposition, I aim to highlight how the identification of the theoretical-doctrinal backgrounds related to the complex of ethical-political conceptions incorporated by the constitutions is strongly influenced by various elements of an intra- and extra-textual nature. Furthermore, by placing the interpretative processes in a broader hermeneutic-semiotic framework that considers legal cases as sign functions, the text seeks to demonstrate in a relatively easy-to-understand manner that the theoretical complications present in the legal field are ultimately not dissimilar to those found in any other interpretative activity that involves the use of a natural-historical language.
{"title":"Doctrinal Debate on the Age of Contracting of Marital in Ibero-America","authors":"Diego Aboi, Mercedes Salido López","doi":"10.17561/tahrj.v21.8150","DOIUrl":"https://doi.org/10.17561/tahrj.v21.8150","url":null,"abstract":"In this article, I intend to identify, within the frame of the semiotic theories of C.S. Peirce and U. Eco, some indications that may help to shed light on a remarkable phenomenon of constitutional interpretation, namely the influence exerted, in the determination process of the constitutional provisions which attribute fundamental rights, by the set of beliefs, expectations, purposes, etc., sedimented within a socially oriented linguistic practice. Through this operation of analogical transposition, I aim to highlight how the identification of the theoretical-doctrinal backgrounds related to the complex of ethical-political conceptions incorporated by the constitutions is strongly influenced by various elements of an intra- and extra-textual nature. Furthermore, by placing the interpretative processes in a broader hermeneutic-semiotic framework that considers legal cases as sign functions, the text seeks to demonstrate in a relatively easy-to-understand manner that the theoretical complications present in the legal field are ultimately not dissimilar to those found in any other interpretative activity that involves the use of a natural-historical language.","PeriodicalId":501159,"journal":{"name":"The Age of Human Rights Journal","volume":" 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138963122","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper opens by analysing the complexity of misogyny, sexism, and toxic masculinity. It then examines online misogyny, dissecting the many acts and behaviours that comprise this kind of digital discrimination. It considers the Gamergate scandal and demonstrates how the video game industry reinforces gender stereotypes. It closes with an analysis of efficiency and limits of legislative systems for combatting online sexism.
{"title":"Online Misogyny and the Law: Are Human Rights Protected on the Net?","authors":"Oscar Pérez de la Fuente","doi":"10.17561/tahrj.v21.8270","DOIUrl":"https://doi.org/10.17561/tahrj.v21.8270","url":null,"abstract":"This paper opens by analysing the complexity of misogyny, sexism, and toxic masculinity. It then examines online misogyny, dissecting the many acts and behaviours that comprise this kind of digital discrimination. It considers the Gamergate scandal and demonstrates how the video game industry reinforces gender stereotypes. It closes with an analysis of efficiency and limits of legislative systems for combatting online sexism.","PeriodicalId":501159,"journal":{"name":"The Age of Human Rights Journal","volume":"17 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138602950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The recurring controversy over the limits of freedom of expression is today inextricably linked to the phenomenon of disinformation and misinformation on social networks. We thus address this phenomenon in the first place, along with the strategies deployed in the last decade to fight it. The controversy is then analyzed in the context of the recent COVID-19 pandemic and the institutional response it has generated worldwide, with a main focus on the situation in the United States and the EU. Finally, a critical examination of this response follows, along with some facts and reflections regarding the current post-pandemic scenario.
{"title":"Disinformation, Misinformation and Limits on Freedom of Expression During the Covid-19 Pandemic: A Critical Inquiry","authors":"Leopoldo García Ruiz","doi":"10.17561/tahrj.v21.8149","DOIUrl":"https://doi.org/10.17561/tahrj.v21.8149","url":null,"abstract":"The recurring controversy over the limits of freedom of expression is today inextricably linked to the phenomenon of disinformation and misinformation on social networks. We thus address this phenomenon in the first place, along with the strategies deployed in the last decade to fight it. The controversy is then analyzed in the context of the recent COVID-19 pandemic and the institutional response it has generated worldwide, with a main focus on the situation in the United States and the EU. Finally, a critical examination of this response follows, along with some facts and reflections regarding the current post-pandemic scenario.","PeriodicalId":501159,"journal":{"name":"The Age of Human Rights Journal","volume":"33 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138603727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article analyses the militarization of public security in Mexico from a human rights perspective to observe the main effects of this policy at the national level in the last twenty years (2000-2020). The methodology used is mixed, combining a quantitative and a qualitative approach. The investigation shows that militarization, far from fighting crime, contributes to general growth in violence and human rights violations. Its main result is increasing lethality of security institutions in the use of public force, indicating that an important part of what had been presented as combats with organized crime, are instead extrajudicial executions. This harsh reality is illustrated with a case study based on the events that occurred in Tlatlaya in 2014.
{"title":"Militarization of Public Security and Violation of Human Rights in Mexico (2000-2020)","authors":"Pierre Gaussens,Carolina Jasso González","doi":"10.17561/tahrj.v15.5783","DOIUrl":"https://doi.org/10.17561/tahrj.v15.5783","url":null,"abstract":"This article analyses the militarization of public security in Mexico from a human rights perspective to observe the main effects of this policy at the national level in the last twenty years (2000-2020). The methodology used is mixed, combining a quantitative and a qualitative approach. The investigation shows that militarization, far from fighting crime, contributes to general growth in violence and human rights violations. Its main result is increasing lethality of security institutions in the use of public force, indicating that an important part of what had been presented as combats with organized crime, are instead extrajudicial executions. This harsh reality is illustrated with a case study based on the events that occurred in Tlatlaya in 2014.","PeriodicalId":501159,"journal":{"name":"The Age of Human Rights Journal","volume":"5 20","pages":"26-50"},"PeriodicalIF":0.0,"publicationDate":"2020-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138510306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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