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 Jaén en-US The Age of Human Rights Journal 2340-9592 Human rights obligations, especially, in times of crisis https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6406 <div><span lang="EN-GB">This article is a critical reflection on human rights obligations and the changes that have taken place in their conception and functions, as well as their impact on the protection of human rights – especially in crises. The text is divided into two parts. The first section presents the features that characterise human rights obligations while focusing on the arguments that give them identity and reinforce their binding nature, with human beings as the subjects of rights and beneficiaries of obligations that broaden the responsibility of the obligated states. The second section analyses these obligations in times of crisis, such as the Covid-19 pandemic. Therefore, this piece of research focuses on two significant legal situations based on the relevant elements of obligations: on one hand, it critically reflects on the derogative clauses in obligations, and, on the other hand, reviews the prohibition of regression or dilution of human rights as a guarantee for the maintenance of such obligations</span></div> Maria Jose Añón Copyright (c) 2021 Maria Jose Añón https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 1 26 10.17561/tahrj.v17.6406 Exploring the use of the concept human dignity in disability human rights law: from UNCRPD to EctHR https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6321 <p>The UN Convention on the Rights of Persons with Disabilities (CRPD) accommodates the concept of human dignity more fully than does any other human rights treaty. The role and interpretation of dignity is thus particularly interesting from the perspective of disability human rights and case law. This study examines the role and significance of the concept of dignity in relation to the human rights disability discourse and jurisdiction through the guidance and impact of the CRPD. It examines the currently available jurisprudence of the CRPD Committee and the European Court of Human Rights (ECtHR) in light of the CRPD, seeking to identify the rights that are particularly related to the concept of dignity through the perspective of disability and to identify the requirements of the respect for dignity for persons with disabilities. While accepting the limitations of the sources in this examination due to the recent history of the CRPD, the study nevertheless locates some points where human dignity has particular relevance to the realisation of the rights protected in the CRPD.</p> Elif Celik Copyright (c) 2021 Elif Celik https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 27 53 10.17561/tahrj.v17.6321 Freedom of Speech and Expression versus the glorification of acts of terrorism: Defining limits in the Indian context https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6416 <p>Freedom of speech and expression is one of the essential rights for humans; however, some people in the guise of right to freedom of speech and expression glorify the acts of terrorism. In India, there are several laws making certain speeches punishable, but these laws fail to take into consideration speeches that glorify terrorists or acts of terrorism. The objective of this article is to examine the scope of provisions or laws that may be introduced to prohibit speech glorifying acts of terrorism in India while maintaining a balance with the right to freedom of speech and expression granted under the Constitution of India, 1950. This article attempts to assess United Nation Security Council Resolution 1624 and laws enacted in the wake of terrorist attacks in European countries such as the United Kingdom and France, and how they deal with speech that glorifies terrorism. This article also discusses case laws on glorification of terrorism of the European Court of Human Rights.</p> Vaibhav Chadha Copyright (c) 2021 Vaibhav Chadha https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 54 78 10.17561/tahrj.v17.6416 The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6347 <p>In its recent jurisprudence on domestic violence, the European Court of Human Rights started to examine the domestic violence cases in the light of relevant international human rights law developed in this specific area. This article examines the engagement of the European Court of Human Rights with other international and regional human rights instruments in domestic violence cases. Upon examination, the article concludes that by integrating its case law into international human rights law the European Court of Human Rights broadens the scope of protection for domestic violence victims and maintains the unity of international law.</p> Ebru Demir Copyright (c) 2021 EBRU DEMIR https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 79 96 10.17561/tahrj.v17.6347 Artistic expression: freedom or curse? https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6269 <p>The purpose of this contribution is to evaluate the jurisprudence of the European Court of Human Rights (ECtHR) in freedom of artistic expression cases dealing with visual and performance arts. The reasons for this particular evaluation are salient to the fact that the ECtHR has consistently provided a lesser level of protection to artistic expression than to political expression. The aim of this article is to challenge the approach of the Court to the freedom of artistic expression in relation to visual and performance arts. The critical evaluation is based on two different but complementary grounds: contemporary theory of art critique of the ECtHR’s understanding of art and critique based on the ECtHR’s own political freedom of expression cases. The argument of the authors is that the ECtHR approach to visual and performance arts as an exercise in ethics and aesthetics is contradicted by contemporary art theory and practice which invariably assumes the societal role of art, its potential subversive and transformative function within a society at large, and, ultimately, its <em>lato sensu</em> political value. In addition, visual and performance arts are powerful yet fragile instruments for delivering the debate to society at large. Viewed from this perspective, artistic expression has the same beneficial effect on a democratic society as political expression <em>stricto sensu.</em> Therefore, the rationales underpinning protection of political expression are essentially the same as those of artistic expression, therefore the ECtHR should extend the same level of legal protection to arts and artists to keep valuable social dialogue alive.</p> Sanja Djajić Dubravka Lazić Copyright (c) 2021 Sanja Djajić, Dubravka Lazić https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 97 124 10.17561/tahrj.v17.6269 Current caselaw discrepancies in the protection of national symbols and state representatives between the European Court of Human Rights and Spanish courts: a vicious circle https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6405 <p>Despite the general consensus about freedom of expression being a basic fundamental right on every democratic society, the debate about its boundaries has never found such a pacific agreement. Thus, the Spanish Penal Code has several articles that punish its abuse that are highly contested, like articles 490.3 and 543 that penalize the offenses directed towards national symbols or State representatives. This being so, this article examines the controversy generated by the application of this articles through the analysis of two judgements issued by the European Court of Human Rights against Spain, and a third one issued by the Spanish Constitutional Court that could follow the same path. This work will be done to describe the clash that exists between the caselaw of these two jurisdictions, in order to critically analyze the approach Spanish courts have to behaviors that criticize national symbols and state representatives.</p> Andrés Gascón Cuenca Copyright (c) 2021 Andrés Gascón Cuenca https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 125 145 10.17561/tahrj.v17.6405 Costly Signals? https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6467 <p>Developed states increasingly turned to democracy assistance strategies as the Cold War came to an end. A number of recent studies conclude that such aid positively affected democratization in recipients. But, like foreign aid, democracy assistance allocations are subject to change, sometimes dramatically. In foreign aid, sudden, sizable reductions – or aid shocks (e.g., <a id="rref-60-6467" href="https://revistaselectronicas.ujaen.es/index.php/TAHRJ/workflow/index/6467/5/file:///Users/david/Downloads/6467-Article%20Text-35794-1-10-20211216.html#ref-60-6467">Nielsen et al. 2011</a>) – can have severe consequences, precipitating conflict in the recipient state. How do democracy aid shocks affect recipient states? This analysis examines the effects of sudden withdrawals of democracy aid – or democracy aid shocks – by the U.S. on recipient regime behavior, specifically, their treatment of citizens and civil society groups. We argue that democracy aid shocks trigger repressive action by recipients resulting in harmful human rights practices by the regime. Examining U.S. democracy aid to the developing world from 1982-2013, we find that, after controlling for other relevant factors likely to affect the human rights practices of a regime, democracy aid shocks are associated with subsequent repression of human rights in the recipient state. Our analysis thus sheds light on an external factor affecting human rights practices within states, as well as an important element of the consequences of democracy aid decisions. We conclude by assessing the implications for democracy promotion strategies and human rights behavior.</p> James Scott Allegra Hernandez Copyright (c) 2021 James Scott, Allegra Hernandez https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 146 172 10.17561/tahrj.v17.6467 Hobbes and the economic, social and cultural rights of the universal declaration of human rights https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6572 <p>This article argues that the conceptions of natural rights in Hobbes’s theory and of economic, social and cultural rights in the Universal Declaration of Human Rights have three common features that serve to justify the thesis that a satisfactory order of coexistence cannot be achieved without extensive state power. Both conceptions identify rights with interests whose satisfaction is considered paramount. Both perspectives see the state as the shaper of the legal order that rights do not create. Finally, both see the state as the entity that must monopolize the management of individual interests represented in rights. This article suggests that these findings are paradoxical when confronted with the main motivation behind the drafting of the Declaration.</p> Javier Hernández Santiago Dussan Copyright (c) 2021 Javier Hernández, Santiago Dussan https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 173 195 10.17561/tahrj.v17.6572 Religious intolerance: the maximum denial of alterity https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6126 <p>It analyses aspects of religious intolerance in Brazil, its cause-and-effect relationship with radical proselytism, negative consequences for the exercise of the right to religious freedom and other human rights, some manifestations in the Brazilian multireligious scenario, some potentially effective instruments for prevention intolerance, among which are the practices of alterity. It shows that Brazil, does not present a chaotic picture in terms of intolerance, but has worrying records of persecution, discrimination and acts of violence, for religious reasons, which should serve as a warning for implementation of affirmative actions and public policies regarding the duty of respect and solidarity with others.</p> Edna Hogemann Sergio Luis Tavares Copyright (c) 2021 EDNA HOGEMANN, SÉRGIO LUIS TAVARES https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 196 221 10.17561/tahrj.v17.6126 Identity of Roma women and processes of international and transitional justice https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6385 <p>Among the women involved in international legal environments, there are women who are administrators of justice, and women who remain as recipients, consumers or petitioners of justice. The question of identity, be it national, cultural, ethnic, religious or otherwise may become crucial when positioning human beings in one side of justice or another. This article seeks to analyse the formation of identities and the characteristics of Roma women’s identity and specifically their roles in international justice together with some actual European political stances towards the Roma peoples. Part of the study will take into account the sequence of processes that take place from the appointment of international judges to the resolutions of the United Nations Security Council, and that lead to the granting of a certain place for women in the transitional/international justice scene. Nevertheless, there are also groups of women who hardly participate in the international legal scene and, although their role has historically been, and still is, reduced to being victims, their possibilities of action in the field justice are extraordinarily limited. This is the case of Roma women in Europe.</p> Ana María Jara Gómez Copyright (c) 2021 Ana María Jara Gómez https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 222 243 10.17561/tahrj.v17.6385 EU, Trading and human rights: consistent framework? https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6124 <p>The relationship between European Union and International Human Rights Law has not always been close. The global projection of the EU, specially, its interest in becoming a leader in international trade, is facing its negative impact in some territories, specially those affected by human rights violation or negation of fundamental rules of International Law, such as <em>ius cogens</em> self-determination of people. This paper will examine to what extend the practice of the European Union trading with occupying and administrative powers in some territories could jeopardise its compliance with its own values and principles.</p> Carolina Jiménez Sánchez Copyright (c) 2021 Carolina Jiménez Sánchez https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 244 260 10.17561/tahrj.v17.6124 Human Rights in Times of the Pandemic: A Dialogue on Migration and Indigenous Rights in Brazil before the Regional Inter-American System https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6459 <p>This paper using the deductive method of approach based on regional scope for the protection of human rights, aims to demonstrate that the Brazilian state actions took during the pandemic, in terms of strategies, policies and measures to deal with the COVID-19 pandemic had severe consequences specially for indigenous and migrants population in Brazil, increasing the level of vulnerability of that population in its territory. It will also consider that in spite of adhering the unconditional observance of inter-American and international standards on human rights, the Brazilian government ignored such agreements and therefore causing social economic losses and about hundreds of deaths.</p> Letícia Virginia Leidens Patricia Grazziotin Noschang Copyright (c) 2021 Letícia Virginia Leidens, Patricia Grazziotin NOSCHANG, https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 261 275 10.17561/tahrj.v17.6459 Parenthood, altruism, and the market: a critique of essentialist constructions of women’s nature in commercial surrogacy https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6673 <p>Commercial surrogacy has become an increasingly popular path to parenthood around the world. Yet, critics have raised concerns about the practice’s implications for gender inequality. This paper critically assesses commercial surrogacy’s reliance on, and reinforcement of, common narratives about women’s natural disposition to sacrifice themselves for others. These narratives have historically served to justify disadvantages for women as workers, both within and outside the household. Their presence in commercial surrogacy agreements suggests that, even if we can characterise commercial surrogacy as an alternative (as opposed to traditional) method for family formation, the same social stereotypes that have historically entrenched women’s inequality in traditional families are still highly relevant for the practice’s functioning.</p> Jesús Mora Copyright (c) 2021 Jesús Mora https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 276 299 10.17561/tahrj.v17.6673 Transitional Justice, Victims and Human Rights in the Light of International Law and the Inter-American System of Human Rights https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6440 <p>The article begins by analyzing the origin and evolution of the concept "transitional justice", determining its characteristics, the context in which it was born and developed, as well as the role of the State in this process. Then it focuses attention on analyzing the development of this figure in the jurisprudence of the Inter-American Human Rights System, through the work that the Inter-American Court has been carrying out since its operation, interpreting in a broad way and always <em>pro homini</em>, the American Convention of Human Rights. Throughout its years of operation, it has ruled on the State’s obligation to protect and guarantee human rights and to carry out the pertinent investigations in the event of their violation; as well as the recognition of the status of victims to the victims’ families and their pronouncement of the right to the truth, not as an autonomous human right, but rather as a right of the victims and their next of kin. Undoubtedly, these are aspects that have gone beyond the American Convention.</p> Florabel Quispe Remón Copyright (c) 2021 Florabel Quispe Remón https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 300 327 10.17561/tahrj.v17.6440 Experiences of access to justice for persons deprived of liberty in Ecuador https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6457 <p>The Ecuadorian prison system has conditions that denotes a questionable validity of rights for inmates. In this context, access to justice (ATJ) is one of the most important rights to guarantee the rehabilitation of persons deprived of liberty (PDL) since confinement and the reality of the prison generate unique barriers for the ATJ. Through the analysis of in-depth semi-structured interviews, the ATJ experiences of the PDL and of actors linked to the social rehabilitation system are identified to state critical points in relation to the validity of this key right.</p> Andrés Ramírez Antonia Machado Arévalo Copyright (c) 2021 Andrés Ramírez, Antonia Machado https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 328 345 10.17561/tahrj.v17.6457 Fifteen Years of Right to Information Act in India: A Long Way to Go https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6537 <p>The passing &amp; enactment of Right to Information Act, 2005 in India has been rightly considered as a milestone in the evolution of Indian Parliamentary Democracy which attempted to ensure transparency &amp; good governance at the grass root levels by making the public authorities accountable &amp; responsible. This Act liberated the harassed commoners who now had a very potent weapon to seek information which had hitherto remained suppressed in the dusty files of Babus (Bureaucrats) under the garb of official secrecy &amp; confidentiality. However, in spite of many initial success stories over a period of time this Right to Information act has been losing its effectiveness &amp; potency as it has failed to adopt the dynamism of complex Socio-Political realities. This paper attempts to give an overview &amp; explain the history of RTI in India, its present status, limitations/drawbacks /challenges &amp; and suggests some remedial measures to ensure its relevance in the rapidly transforming geo political context.</p> Pushpraj Singh Copyright (c) 2021 Ramón Ruiz Ruiz; Pushpraj Singh https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 346 362 10.17561/tahrj.v17.6537 Disability’s rights to health: an obligation triggered by corona virus pandemic https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6303 <p>This paper examines the right to health and disabilities rights in the wake of Corona virus pandemic. The objective of this paper is to examine the applicable legal and policy frameworks on the rights of persons with disabilities and how it has adequately protected such persons in the face of Corona virus pandemic. The study adopts analytical, qualitative approach and builds its argument on existing literatures. The paper recommends the existing laws and policies on disability’s rights to health be enforced by relevant agencies, whilst Article 25 of the Convention on the Rights of Persons with Disabilities 2006 should be made proactive.</p> Uche A. Nnawulezi Bosede Remilekun Adeuti Copyright (c) 2021 DR. UCHE NNAWULEZI, DR. BOSEDE REMILEKUN ADEUTI https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 363 384 10.17561/tahrj.v17.6303 A Comparative Analysis on International Refugee Law and Temporary Protection in the Context of Turkey https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6297 <p>The Syrian civil war prompted a large number of people to flee their country and seek asylum in other countries, making Turkey a leading host country with around 3.6 million of asylum seekers. Syrian asylum seekers in Turkey are under temporary protection regime. This article examines Turkish temporary protection regime in comparison with international protection standards and human rights law, especially with the UNHCR Guideline and European Union legislation on temporary protection and European Court on Human Rights judgements. In this respect, this article argues that Turkish legislation has met the fundamental requirements of international protection law and standards, however, still needs to be improved in some crucial areas. In this regard, the international protection law and the difference between the status of refugee and temporary protection is explored. Subsequently, declaration of temporary protection in case of a mass-influx, the rights and freedoms covered under temporary protection, non-refoulement principle and termination of temporary protection regime under Turkish Temporary Protection Regulation are discussed and compared with the international standards. Finally, some conclusions and recommendations for the improvement are deduced from this discussion.</p> Dikran M. Zenginkuzucu Copyright (c) 2021 Ramón Ruiz Ruiz; Dikran M. Zenginkuzucu https://creativecommons.org/licenses/by/4.0 2021-12-17 2021-12-17 17 385 410 10.17561/tahrj.v17.6297