The Age of Human Rights Journal
https://revistaselectronicas.ujaen.es/index.php/TAHRJ
<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 Age of Human Rights 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>Revistas electrónicas Universidad de Jaénen-USThe Age of Human Rights Journal2340-9592Blockchain and Freedom to Conduct a Business: Between Myth and Reality
https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7971
<p>Recent advances in technology have demonstrated the enormous flexibility of Distributed Ledger Technology (DLT), whose potential goes well beyond the cryptocurrency trading. This article explores the potential impact that the utilization of a permissioned blockchain could have on listed companies and how this could be an appropriate instrument for a more effective implementation of the provisions of the Shareholder Rights Directive II. This technological infrastructure could attest the correct formation of will within the shareholders’ meeting and contribute to the creation of a truly democratic space for the meeting and discussion among shareholders, thus allowing achievement of freedom to conduct a business. However, the most advanced use of blockchain technology has a disruptive effect and exposes us to the great danger of an “algocratic” drift. Therefore, this article analyses the main critical issues from both a technical and legal viewpoint of Decentralized Autonomous Organizations (DAOs).</p>Attilio Della Pietra
Copyright (c) 2023 Attilio Della Pietra
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2023-09-182023-09-1821e7971e797110.17561/tahrj.v21.7971Disinformation, Misinformation and Limits on Freedom of Expression During the Covid-19 Pandemic: A Critical Inquiry
https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/8149
<p>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.</p>Leopoldo García Ruiz
Copyright (c) 2023 Leopoldo García Ruiz
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2023-12-042023-12-0421e8149e814910.17561/tahrj.v21.8149International Court of Justice and Provisional Measures under the Genocide Convention: Curious Case of Ukraine v. Russian Federation
https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7781
<p>The ongoing Russian aggression on Ukraine has prompted Ukrainian President Zelensky to seek the assistance of States and international institutions. One such institution that Ukraine approached is the International Court of Justice (ICJ), requesting provisional measures. Ukraine contends that the Russian Federation has falsely claimed that acts of Genocide have occurred in the Luhansk and Donetsk oblast in Eastern Ukraine. In this article, the author details the provisional measures rendered by the ICJ; in doing so, it is contended that the interpretation of the ICJ vis-à-vis the Genocide Convention is flexible and broad, a stark contrast to its previous cases.</p>Atul Alexander
Copyright (c) 2023 Atul Alexander
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2023-07-242023-07-2421e7781e778110.17561/tahrj.v21.7781 Right to Repatriation of Abandoned Seafarers: A Study in Light of Maritime Labour Convention 2006, and International Covenant on Civil and Political Rights 1966
https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7284
<p>The abandonment of seafarers is one of the major challenges that seafarers onboard vessels may face. In 2022, 1555 seafarers were abandoned on 113 ships. The port state's role in seafarer abandonment is crucial because it can assist abandoned seafarers by facilitating their repatriation. In practice, however, it has been seen in many cases that the port state of the vessel had restricted the disembarkation of the abandoned crew from the vessel by citing the reason that the vessel cannot be left unmanned. The present study will assess such measures adopted by the port states in light of International Law instruments, including the Maritime Labour Convention, 2006 and the International Covenant on Civil and Political Rights, 1966.</p>Mohit Gupta
Copyright (c) 2023 Mohit Gupta
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2023-09-042023-09-0421e7284e728410.17561/tahrj.v21.7284Protecting Vietnam’s Sovereignty in Cyberspace: Insights from Human Right Laws
https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7778
<p>In order to protect state sovereignty in cyberspace, Vietnamese law has placed restrictions on the right to online free expression. Using qualitative and empirical methods, this article examines the necessity and proportionality of these restrictions. The article finds that the language of a number of restrictive provisions appears to be more political than legal. The second reason is that vague and expansive laws may make it difficult to determine the true extent of damage in criminal prosecutions involving online expression that undermine state sovereignty. It would violate Articles 19 and 20 of the International Covenant on Civil and Political Rights. To surmount this opposition, Vietnamese lawmakers must provide a comprehensive interpretation of the relevant laws to ensure that the freedom of online expression is vitally important but must be balanced with the national interest.</p> <p> </p>Thu Thi Anh Vu
Copyright (c) 2023 Thu Thi Anh Vu
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2023-09-042023-09-0421e7778e777810.17561/tahrj.v21.7778Online Misogyny and the Law: Are Human Rights Protected on the Net?
https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/8270
<p>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.</p>Oscar Pérez de la Fuente
Copyright (c) 2023 Oscar Pérez de la Fuente
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2023-12-042023-12-0421e8270e827010.17561/tahrj.v21.8270Addressing the Emerging Issues of Xenophobic Attack and Human Rights Violations in South Africa: Adopting a Human Rights-Based Approach
https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7806
<p>Human Rights abuses in South Africa occasioned by xenophobic attacks in South Africa had occurred intermittently for over a decade despite the hue and cry against xenophobia. Driven primarily by efforts to protect human life and overcome the challenges of xenophobia, some international human rights organisations expressed their views on the curtailment of human rights abuses perpetrated in South Africa. Contextually, South- Africa has notable human rights organisations, yet human rights abuses happen through xenophobic attacks in some parts of the country. The primary objective of this paper is to identify human rights challenges brought about by xenophobic attacks, including the right to human dignity and the right to life. This methodology adopted in this paper included reference to statutes, internet sources, and newspaper publications. This paper finds, amongst others, that despite the United Nations conventions and other international laws guaranteeing the human rights of all persons, the South African government appeared overwhelmed by the xenophobic attacks in dealing with the situation. This paper made useful recommendations towards preventing future xenophobic attacks and avoiding human rights violations.</p>Hilary NwaechefuNnawulezi UcheMary-Ann O. AjayiOgah Chinyere Constance
Copyright (c) 2023 Hilary Nwaechefu, Nnawulezi Uche, Mary-Ann O. Ajayi, Ogah Chinyere Constance
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2023-09-182023-09-1821e7806e780610.17561/tahrj.v21.7806The Prohibition of Torture from a Human Rights Perspective: Fiction or Reality in the Current Rule of Law
https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7987
<p>This article discusses the problem of torture in Mexico and its impact on the legitimacy of the State and the protection of human rights. Despite the normative advances in the configuration of the notion of torture, there are problems of effectiveness in the mechanisms with which the State operates to comply with its obligation of due diligence in the prevention, investigation, registration and prosecution of torture cases. The author emphasizes that torture is a symptom of the weakness of the rule of law, which produces a social delegitimization due to the disappointment of society’s expectations in legal institutions and in the procedural guarantees of criminal justice systems. Furthermore, torture is related to a culture of impunity, discrimination and inequality, which demands effective and fair policies to address this problem. Therefore, it is necessary to advance in the justiciability, prevention, investigation, eradication, protection, reparation and punishment of acts of torture.</p>Geofredo Angulo López
Copyright (c) 2023 Geofredo Angulo López
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2023-10-092023-10-0921e7987e798710.17561/tahrj.v21.7987The Fulfilling Right to Education for Rohingya Refugee Children in Indonesia
https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7659
<p>The results of data collection conducted by the United Nations for Refugee Affairs (UNHCR) revealed that out of a total of 1,001 Rohingya ethnic refugees from Myanmar scattered in several refugee camps in Aceh, Indonesia, there were 374 child refugees, of whom were children without pa the principle of universality of human rights states that all humans have the same rights without discrimination, including the granting of the right to education to children of asylum seekers in transit countries. Furthermore, for Rohingya refugees who are already in Indonesia, they are given humanitarian protection, including fulfilling the right to education for Rohingya refugee children, even though Indonesia is not yet a state party to the 1951 convention on refugee status and the 1967 protocol, and does not yet have a system for determining refugee status. The research results show, the Fulfilling Right to Education for Rohingya Refugee Children in Indonesia, based on Law no. 39 of 1999 concerning Human Rights which has standards from the Universal Declaration of Human Rights, while for the protection of refugee children it is confirmed by Law No. 35 of 2014 concerning Child Protection which is the signing and ratification of Covention on the Right of the Child and Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad which specifically regulates refugees, ratifying the Convention on the Rights of the Child into Decisions President Number 26 of 1990, then Indonesia has directly agreed to the entire contents of the convention in all actions against children in Indonesia such as the state's obligation to protect children who are within its jurisdiction. The provisions of Government Regulation no. 78 of 2021 concerning Special Protection for Children, in Article 6. Indonesia Ministry of Education and Culture Circular Letter No. 752553/A.A4/HK/2019 concerning Fulfillment of the Right to Education for Children of Foreign Refugees, has opened the way for school-age children of foreign refugees to pursue formal education in educational institutions. The policy of the Indonesian government to fulfill the right to education for the children of overseas refugees should be appreciated. This is because Indonesia has not ratified the 1951 Convention on the Status of Refugees.</p> <p> </p> <p> </p> <p> </p>I Nyoman Prabu Buana RumiarthaI Gusti Agung Mas Rwa Jayantiari
Copyright (c) 2023 I Nyoman Prabu Buana Rumiartha, I Gusti Agung Mas Rwa Jayantiari
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2023-10-312023-10-3121e7659e765910.17561/tahrj.v21.7659The Right to Universal Accessibility
https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7788
<div><span lang="EN-US">This paper presents universal accessibility from a human rights perspective. This approach provides a comprehensive view of universal accessibility, which can be considered as a specific right or as part of the essential content of any right. Despite its self-evident justification, this right is not legally recognized.</span></div>Rafael de Asís Roig
Copyright (c) 2023 Rafael de Asís Roig
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2023-09-042023-09-0421e7788e778810.17561/tahrj.v21.7788Truth, Justice, and Reparation. Human Rights Violations and their Impact on the Police Forces and their Families in the Context of ETA Terrorism
https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7696
<p><em>ETA</em> violence had an impact not only on Basque and Spanish society as a whole, but especially on certain groups who suffered the effects of being direct targets of <em>ETA</em> attacks. One of the most directly affected groups were the police forces (members of the <em>Ertzaintza</em> and of the Spanish security forces), as well as their families. This article uses a qualitative methodology (based on semi-structured in-depth interviews) to reflect and analyse the threat that <em>ETA</em> posed for these police forces and their families in the Basque Country, with special emphasis on the way in which their fundamental rights were affected by <em>ETA</em> actions.</p>José Ramón Intxaurbe VitoricaTrinidad Lourdes Vicente TorradoGorka Urrutia Asua
Copyright (c) 2023 José Ramón Intxaurbe Vitorica, Trinidad Lourdes Vicente Torrado, Gorka Urrutia Asua
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2023-10-312023-10-3121e7696e769610.17561/tahrj.v21.7696Information Human Obligations: State and Prospects of Doctrine Interpretation
https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7698
<p>The world is not standing still, and the development of information technology is giving rise to even more new areas of social relations. It is only logical that new human rights and responsibilities arise. The sphere of information relations is quite new and is rapidly developing. While the international community and national authorities pay a fairly high level of attention to information rights by introducing special regulations, they pay less attention to obligations. This is due to the absence of a single unified act, and therefore, in general, the concept of duty is consistent with law, including in the field of information relations. This is the relevance of the study, which is driven by the rapid development of informational and legal relations and the improvement of the digital space, as well as the strict fulfillment of obligations arising from them. The purpose of this article is to emphasise the urgent need for doctrinal changes in the human rights system caused by the deep informatization of human life, in particular the interrelationships of information rights and human obligations, their prospects, and their significance for the promotion of human rights in the global information society. The results obtained will be useful for further research and will be aimed at improving the regulation of the process of fulfilling duties by participants in informational and legal relations. However, the study of the trajectory of the information progress of humanity and the understanding of information responsibilities, based on their inherent connection with the information rights of a person, can have not only a scientific sense but also a positive contribution to the development of human rights in the information society.</p>Oleksandr O. TykhomyrovDenys O. TykhomyrovLiudmyla V. Radovetska Antonina V. Vatral
Copyright (c) 2023 Oleksandr O. Tykhomyrov, Denys O. Tykhomyrov, Liudmyla V. Radovetska, Antonina V. Vatral
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2023-07-242023-07-2421e7698e769810.17561/tahrj.v21.7698Doctrinal Debate on the Age of Contracting of Marital in Ibero-America
https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/8150
<div>The United Nations 2030 Agenda for Sustainable Development, adopted in 2015, grants fundamental importance to the principles of equality and non-discrimination and aims to realize Human Rights for all. From this perspective, target 3 of Goal no. 5 admonishes States to eliminate harmful practices such as female genital mutilation and child and early marriages. Since adopting the SDGs, the U.N. has promoted raising the age of marriage: in nine countries, marriage is prohibited for children under 18 years; in the rest, it is allowed from the age of 16, with parental or judicial authorisation. This literature review article analyses the doctrinal debate on legislative reforms to raise the age of marriage in 21 Latin American countries, in addition to Spain and Portugal. The searches have been done in Dialnet, Scielo, Scopus, and Google Scholar; most records are in Spanish and Portuguese.</div>Diego Aboi RubioMercedes Salido López
Copyright (c) 2023 Diego Aboi, Mercedes Salido López
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2023-12-192023-12-1921e8150e815010.17561/tahrj.v21.8150