https://revistaselectronicas.ujaen.es/index.php/TAHRJ/issue/feed The Age of Human Rights Journal 2021-06-14T11:41:58+00:00 Ramón Ruiz Ruiz ramonrr@ujaen.es Open Journal Systems <p>ISSNe: 2340-9592 <strong>DOI:</strong> 10.17561/tahrj<br /><strong>URL: </strong><a href="https://revistaselectronicas.ujaen.es/index.php/TAHRJ/management/settings/context//index.php/TAHRJ">https://revistaselectronicas.ujaen.es/index.php/TAHRJ</a> </p> <p align="justify"><em>The Human Rights Age Journal</em> is a scientific journal of international relevance, published in English, peer-reviewed and open-access, containing papers concerning Human Rights from different approaches. This Journal is edited in the framework of the Research Network “The Age of Rights” (HURI-AGE), composed by about one hundred researchers belonging to some of the most important human rights research groups in Spain </p> https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6302 Foreign Terrorist Fighters and the UN Investigative Team to Support Domestic Efforts to Hold ISIS Accountable for War Crimes, Crimes Against Humanity and Genocide Committed in Iraq: Building a Bridge that Should Be Used 2021-04-21T15:57:14+00:00 Montserrat Abad Castelos mabad@der-pu.uc3m.es <p>After examining the United Nations Security Council (UNSC) resolutions referred to the foreign fighters who joined the ranks of ISIS in Iraq and Syria andthe UN Investigative Team to support domestic efforts to hold ISIS accountable for war crimes, crimes against humanity and genocide committed in Iraq (UNITAD or the Investigative Team) this article brings both contents together in order to ascertain whether there may be gaps or problems which should be addressed, since both developments were prompted by the UNSC. It is explored whether there may be certain inconsistencies, such as the one relating to the emphasis placed on different crimes, depending on the resolutions in question. Thus, those related to FTFs focus on terrorism crimes, while those related to UNITAD refer to atrocity crimes. Hereinafter the action and evolution of UNITAD is &nbsp;examined, in order to determine whether it might be helpful to overcome some existing barriers and avoid impunity for atrocity crimes. It will be concluded that UNITAD may provide substantial support, not only in relation to trials in Iraq, but also in third States, by providing useful tools or evidence to prosecute FTFs. Seizing this opportunity will require further action, which will be &nbsp;crucial to promote accountability and justice.</p> 2021-06-14T00:00:00+00:00 Copyright (c) 2021 Montserrat Abad Castelos https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6134 A Peculiar Leap in the Protection of Asylum Seekers: The Inter-American Court of Human Rights' Jurisprudence on the Protection of Asylum Seekers 2021-02-09T10:34:51+00:00 Esraa Adnan Fangary eaf8d2@umsystem.edu <p>This article pursues to clarify the crucial contribution of the Inter-American Court of Human Rights to protect the rights of refugees and asylum seekers. It debates that the Court has instituted its renewed jurisprudence in the sphere of refuge throughout its case-law and advisory opinionsassociated with the safeguard of refugees, specifically the Court's direction towards affirming on the extended principles affiliating to asylum. The Inter-American Court went further than its European counterpart in interpreting regional and international asylum law. However, the actual protection of asylum seekers promoted by the Court is established on some controversial concepts like <em>jus cogens </em>norms and obligations <em>egra omnes</em>. Furthermore, the Court has an unclear vision concerning asylum and refuge. This may, therefore, curb the impact of a stronger humanrights-based approach to the protection of asylum seekers in Latin America.</p> 2021-06-14T00:00:00+00:00 Copyright (c) 2021 Esraa Adnan Fangary https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6277 EU migration policy and migrant human rights: the protection and negation of life at EU borders 2021-04-07T16:07:06+00:00 Daniela Lo Coco danielalococo@deusto.es <p>This article addresses the contradiction between the generalised use of human rights’ protection within EU migration policy and the production of deaths at borders. Through an analysis of the EU’s migration policy, this article suggests using Esposito’s concept of immunitas to bridge inherentcontradictions. Protection of life and the production of death are constitutive mechanisms of Western modern politics. This argument implies thathuman rights and the protection of life metaphorically legitimise the EU’s control of migration from third countries, while blurring the underpinning logics of government, coloniality and racism. The article concludes that protection and the negation of (certain) lives are intrinsic to the EU’s migration policy.</p> 2021-06-14T00:00:00+00:00 Copyright (c) 2021 Daniela Lo Coco https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6317 A Critical Legal Essay to Advocate Iranian Children's Right to "Proper" Education 2021-04-30T10:28:02+00:00 Fateme Bostani fateme.bostani@umontreal.ca <p>This article aims to create a critical legal essay to answer the main question of how to help Iranian governance in improving the respect of children's right to "proper education"? The concept of the "right to proper education" serves the Iranian children's right to education more consistently with the very sociocultural-Islamic context of this developing country rather than an allegedly occidental form of right to education. To create such an approach, we have combined a critical view to the Iranian legal system, as well as a sociological view to the Iranian educational system, while benefiting the philosophical results of an inquiry on virtue ethics and Islamic education. Finally, this critical legal essay suggests the Iranian governance to be open to a shift toward a modern contractual authority in the educational system to be more compatible with the psycho-emotional needs of children and at the same time to apply the virtue ethics' political advice to move toward a liberal form of educational policies that promotes the virtues of autonomy and toleration.</p> 2021-06-14T00:00:00+00:00 Copyright (c) 2021 Fateme Bostani https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6308 Definition of Mother in the English Legal System 2021-04-26T09:21:00+00:00 Óscar Celador Angón Oscar.celador@uc3m.es <p>The purpose of this paper is to analyse how the term “mother” is defined in the English legal system. This question has recently been raised in English courts due to the McConnel case; where a woman, who had undergone a gender transition and acquired full legal recognition as a male, gave birth to a child and asked to be registered as the father of his child. In the first part of the paper, I will study the legal frame and the main decisions of the English courts. In the second part, I will analyse the decisions of the European Court of Human Rights and the consequences of the McConnel case in English family law. And finally, I will explain the role that the principle of the best interests of the child plays in this context.</p> 2021-06-14T00:00:00+00:00 Copyright (c) 2021 Óscar Celador Angón https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6092 Human Rights and Strong Institutions: A Study of Amnesty International in Nigeria 2021-02-16T19:40:37+00:00 Ebieri Favour jones.favour@ymail.com Sheriff Folarin sheriff.folarin@covenantuniversity.edu.ng <p>Human right is a topical issue globally but attaining it has remained very difficult.&nbsp; Every day, people around the world face different forms of dehumanizing treatment from their governments, multinationals and other groups. For decade too, strong institutions have emerged to fight for the rights of the voiceless and the weak.&nbsp; One of these institutions is Amnesty International (AI).&nbsp; This paper examines the activities of Amnesty International in the promotion and protection of human rights vis-a-vis the nature of operations, contributions and challenges in Nigeria. The paper adopts desk research design, which is based on secondary sources from journals, books and other printed materials. Findings revealed that AI has significantly contributed to the promotion of human rights in Nigeria through different approaches such as advocacy/campaign, governance peer review, shaming-and-naming approach, and support for domestic civil rights groups, among others.&nbsp; However, findings also showed that the main challenges of AI are the negative perceptions of some sections toward the organization as a tool for promoting western ideology and the low awareness and involvement of individuals at the grassroots in developing nations like Nigeria.&nbsp; The paper recommends that the organization intensifies its promotional activities in a manner that would improve its reputation as well as help to educate and provide access for engagement of locals in developing countries.</p> 2021-06-14T00:00:00+00:00 Copyright (c) 2021 Ebieri Favour, Sheriff Folarin https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6274 Assesing the Roles of Race and Profit in the Mass Incarceration of Black People in America 2021-04-06T11:07:12+00:00 Williams C. Iheme williamsiheme@gmail.com <p>Shortly after the alleged discovery of America and its vast expanse of land waiting to be cultivated with cash crops using cheap human labor, millions of Africans fell victims and were kidnapped to work as slaves in American plantations for about four centuries. Even though it has been over 150 years since the official abolition of slavery in America, the effects of the 400 years of enslavement continue to reverberate: irrespective of the blackletter rights protecting Black people from injustices, the deep racist structures typically decrease the potency of these rights, and thus perpetuate oppression. This article assesses the roles being played by race and profit in the administration of criminal justice: it deems the systemic oppression of Black people as a humanitarian crisis and seeks to ascertain this by interpreting the attitudes of the various key players in the American Criminal Justice System, the majoritarian population, mainstream media, and Corporate America: it challenges some entrenched racist practices suspected to be the umbilical cord that links Black people in America with mass incarceration.</p> 2021-06-14T00:00:00+00:00 Copyright (c) 2021 Williams C. Iheme https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6038 The Compliance of the Baltic States with the Principle of Tolerance as Condition for the Development of the United Europe 2021-02-15T16:35:55+00:00 Nataliya Khoma nataliia.m.khoma@lpnu.ua Oleksii Oleksii Kokoriev coledgeonat@ukr.net <p>The article studies the compliance of democracy of the Baltic States with the principle of tolerance. The study demonstrated specific social phobias (xenophobia, migrant phobia, homophobia, islamophobia, romaphobia, etc.), hate speech and other destructive trends in the Baltic countries that contradict values of liberal democracy. The authors argue that Baltic States face similar challenges of strengthening the principle of tolerance as well as how they differ in intolerance manifestations and mechanisms of their prevention and counteraction. In the Baltic States, issues related to promotion of tolerance are claimed to be common at two levels: at the institutional level (countries do not fulfil some of the EU guidelines aimed at enhancing the principle of tolerance); at the value level (population does not accept completely liberal-democratic values that the EU advocates).</p> 2021-06-14T00:00:00+00:00 Copyright (c) 2021 Nataliya Khoma, Oleksii Oleksii Kokoriev https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6175 Pro Homine Principle: An Axiological Compass in Interpretation Norms in the Field of Human Rights 2021-02-24T18:37:16+00:00 Samanta Kowalska skowalska13@interia.pl <p>The pro homine principle plays an important role in the objectification of the legislative process and the interpretation of regulations. The&nbsp; current&nbsp; paper&nbsp; presents&nbsp; the&nbsp; pro&nbsp; homine&nbsp; principle&nbsp; as&nbsp; a&nbsp; means&nbsp; of&nbsp; realisation&nbsp; and&nbsp; a&nbsp; “canon&nbsp; of&nbsp; interpretation”&nbsp; in&nbsp; the&nbsp; pursuit&nbsp; of&nbsp; more&nbsp; effective&nbsp; and&nbsp; more&nbsp; efficient&nbsp; protection&nbsp; of&nbsp; the&nbsp; rights&nbsp; of&nbsp; the&nbsp; individual.&nbsp; The&nbsp; discussed&nbsp; principle&nbsp; may&nbsp; also&nbsp; be&nbsp; used&nbsp; to&nbsp; fill&nbsp; in&nbsp; lacunas&nbsp; in&nbsp; international&nbsp; treaties,&nbsp; as&nbsp; well&nbsp; as&nbsp; to&nbsp; ensure&nbsp; axiological&nbsp; cohesion,&nbsp; which&nbsp; may&nbsp; lead&nbsp; to&nbsp; crystallisation,&nbsp; clarification&nbsp; of&nbsp; norms&nbsp; or&nbsp; their&nbsp; evolution&nbsp; into&nbsp; principles&nbsp; of&nbsp; conventional&nbsp; nature.&nbsp; Implementation&nbsp; of&nbsp; the&nbsp; pro&nbsp; homine&nbsp; principle supports&nbsp; in&nbsp; detecting&nbsp; and&nbsp; counteracting&nbsp; arbitrariness&nbsp; and&nbsp; identifying&nbsp; protective&nbsp; measures&nbsp; that&nbsp; remain&nbsp; merely&nbsp; declarative&nbsp; in&nbsp; nature.</p> 2021-06-14T00:00:00+00:00 Copyright (c) 2021 Samanta Samanta Kowalska https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6326 The Right to Health and the Social Determinants of Health in the Face of COVID-19. Tthe Spanish Experience after Austerity Policies 2021-05-03T09:50:08+00:00 Carlos Lema Añón clema@der-pu.uc3m.es <p>The COVID-19 pandemic has particularly affected Spain in 2020. Although the specific causes and Spain’s response—as well as the aspects to be improved—are yet to be evaluated, many experts agree that this crisis has magnified some of the problems of the Spanish health system, highlighting the problems derived from the cuts in the capacities of the health and public health systems. We assess the current situation from the perspective of the right to health in its twofold dimension: health care and social determinants. For this purpose, we look into the configuration of the right to health in Spain and how the economic crisis and austerity policies affected it. In particular, we consider the impact both on institutional health care systems and in terms of social determinants of health. Finally, we make several proposals for strengthening the right to health.</p> 2021-06-14T00:00:00+00:00 Copyright (c) 2021 Carlos Lema Añón https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6040 A Cartography of Critical Legal Theories: Notes for a Reflection on the Relation between Law and Power 2021-02-15T16:36:42+00:00 Victor Merino-Sancho victor.merino@urv.cat <p>This paper proposes an identification of the main arguments suggested by certain critical theories concerning the relationship between law and power. In order to (re)think the function of law as an instrument not only of power, but as an element of social transformation, we promote here a reflection on aspects raised by these theories; among others, the same notion of power, oppression, intersectionality or decoloniality. These categories are relevant to examine how law regulates the experiences of discrimination of specific social groups, highlighting the intimate relationship between the social contexts, the premises and the legal answers. To do so, we examine in particular how asylum law responds to claims grounded on sexual orientation and gender identity. Finally, this reasoning suggests a conception of law oriented to action and the social change.</p> 2021-06-14T00:00:00+00:00 Copyright (c) 2021 Victor Merino-Sancho https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6275 Restrictions of Private Property Right in Terms of the Covid-19 Pandemic: The Experience of the US, UK and Ukraine 2021-04-06T11:30:48+00:00 Kateryna Nekit katerinanekit@gmail.com <p>The COVID-19 pandemic has had a significant impact on human rights. Many rights have been restricted to prevent the spread of infection. The restrictions on private property rights during the pandemic were not so obvious, but no less significant. The massive closure of restaurants, cafes, cinemas and other crowded places has resulted in significant losses for business owners. The question arose about the admissibility of such restrictions on the rights of owners, as well as the need to compensate for the losses caused. The purpose of this article is to study the criteria developed by international practice under which the restriction of property rights is allowed, and approaches to resolving issues of compensation for losses caused to owners when it is necessary to ensure a balance of private and public interests in Ukraine. The article also analyzes approaches to resolving issues of compensation for losses caused to owners as a result of restrictions on their rights, developed in the case law of the United States and Great Britain.</p> 2021-06-14T00:00:00+00:00 Copyright (c) 2021 Kateryna Nekit https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6085 The Majoritarian Epistemology on Religious Symbols. A Religiously-Based Stereotyping Technique to “Package Others’ Religious Rights” 2021-02-16T19:38:45+00:00 Rosaria Pirosa rosaria.pirosa@unifi.it <p>The paper will focus on a particular form of stereotyping technique which aims to narrow religious rights for non-Christian believers, moving from an exclusively Judeo-Christian epistemology on religious symbols that, no by chance, defines them as “ostensive”. According to this perspective, freedom of religion is eminently a heartfelt attitude, therefore the term “ostensiveness” is intended to emphasize not mandatory behaviors, which are conceived as a redundant way to live faith. Starting from its philosophical assumptions, the article deals with the stereotyping tools related to religion, functional to conceal the social complexity and to deny legal protection, through a legal and political concept like state neutrality. The piece seeks to show how the concept of religious right, when it cannot be declined as a majoritarian right, is rife with plural levels of intersecting stereotyping, concerning other categories of diversity like gender and ‘ethnicity’. This approach flatters each dimension and does not take into account coexisting identities within the same person, ignoring that intersectionality highlights the necessity of assessing religious diversity as fundamentally socially located. This stereotyping attitude can be traced back to the complex relationship between law and religion that provides a direct way to assess crucial issues like belonging, identity, community and authority. Law, as a cultural and non-neutral construct, regards religion as a valuable fact and worthy of legal protection since it is attributable to an individual phenomenon and as quintessentially private matter. Therefore, to assess identity or belonging in the fault lines of the interaction of law and religion means find an opportunity to legitimize targeting law related to religious diversity making it seems like a way to deal with religious ‘differences’ that cannot be assimilated. In this respect, we discuss about the radical secularist claims through a case-study, namely the “affaire Québécois” within the Canadian system, not only in a geographical sense, but in the theoretical field mapped out by religious pluralism as the focal point of the multiculturalist approach, on one hand, and the secularist revival, on the other hand.</p> 2021-06-14T00:00:00+00:00 Copyright (c) 2021 Rosaria Pirosa