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> en-US ramonrr@ujaen.es (Ramón Ruiz Ruiz) amenor@ujaen.es (UJA EDITORIAL) Thu, 23 Jun 2022 11:29:39 +0000 OJS 3.2.1.4 http://blogs.law.harvard.edu/tech/rss 60 Right to Health Care: The Practice of the ECTHR and the Case of Ukraine https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6496 <p>The relevance of the research topic is due to the importance of human rights in a democratic society. Despite the fact that all natural human rights are important, the right to health care is practically in the forefront, because without its observance all other rights are leveled. Moreover, the relevance of the topic is even greater given the fact that for a long time the relevant law was not given due attention in law or in legal science. The right to health care is comprehensive and includes other human rights that derive from it. The existing case law of the European Court of Human Rights (ECtHR) confirms the importance of the human right to health care. In its judgments, the Court emphasizes the importance of this right and reaffirms the need for States to monitor its observance. The aim of the study – analysis of international legal norms and standards, as well as the practice of the ECtHR in the context of the human right to health. The leading research method used in the article is the formal-legal method, the application of which provided an effective analysis of the legal framework of international law, national legislation of Ukraine, and the case law of the ECtHR. Which, in turn, allowed to determine the importance of human rights to health and places of relevant law in the practice of the ECtHR. The article analyzes the theoretical and legal approaches to understanding the right to health care and on this basis identifies the place of relevant law in the human rights system and its main determinants. The case law of the European Court of Human Rights is analyzed and the main articles of the European Convention on Human Rights (ECHR), which the applicants applied for in violation of the right to health care, are identified. The analysis of the case law of the ECtHR provided an opportunity to identify existing shortcomings in the legislation of the member states. Based on this, it is possible to understand and distinguish ways to solve problems and methods for eliminating such violations in the future. The practical significance of the article lies in the analysis of the case law of the European Court of Human Rights, the separation of rights related to the right to protection of life, as well as the identification of the main determinants of the studied law.</p> Oleg Yaroshenko, Volodymyr Steshenko, Oleh Tarasov, Ilkin Nurullaiev, Mariia Shvartseva Copyright (c) 2022 Oleg Yaroshenko, Volodymyr Steshenko, Oleh Tarasov, Ilkin Nurullaiev, Mariia Shvartseva https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6496 Thu, 23 Jun 2022 00:00:00 +0000 The Contextual Dependence of the Interpretation of Constitutional Rights: An Analysis from the Point of View of Semantic Holism https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6517 <p>The analysis aims to reflect on how the external context conditions the legal interpretation of the constitutional provisions that recognize fundamental rights. To this end, some methodological indications from the field of philosophy of language are adopted, implicitly defending the possibility of a transposition, not mechanical and uncritical but analogical, of some essential acquisitions of semantic holism.</p> Michele Zezza Copyright (c) 2022 Michele Zezza https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6517 Thu, 23 Jun 2022 00:00:00 +0000 Child's Rights and the Challenges of Educating the Girl-Child: Assessing the Contributions of UNICEF in Nigeria https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6520 <p>In 2003, Nigeria domesticated the twin international instruments on child rights, the United Nations&nbsp;Convention on the Rights of the Child&nbsp;and the&nbsp;African Charter on the Rights and Welfare of the Child. The resultant legislation from Nigeria’s domestication efforts is the Child’s Rights Act (CRA) of 2003. Despite the provisions of this legislation detailing the elaborate atlas of rights to be enjoyed by the Nigerian child, their fortune especially that of the girl-child, has not got better. At the base of the contentious forces militating against the rights of the girl-child are the cultural and religious norms that are intrinsically embedded in the dominant patriarchal system prevalent in Nigeria, especially in northern Nigeria. These forces are intricately united in marginalizing and precluding the girl-child from accessing education. Using the lens of radical feminism in combination with human-rights based approach, this paper interrogates the challenges faced by the girl-child in accessing education and the interventionist role played by UNICEF to salvage the situation. The paper finds that although the interventionist program of UNICEF, that is, the Nigeria girls’ education project (NGEP), contributed in re-enrolling over one million out-of-school girls back to school, a lot needs to be done to salvage the girl-child from the doldrums of structural alienation that deprives her of access to education.</p> Agaptus Nwozor, Blessing Okhillu Copyright (c) 2022 Agaptus Nwozor https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6520 Thu, 23 Jun 2022 00:00:00 +0000 Right to Freedom of Expression v. Reputation Protection (Based on ECtHR Practice Materials) https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6527 <p>The urgency of the study is stipulated by the necessity to clarify the criteria allowing courts to determine a balance between the right to freedom of expression (Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms) and the right to reputation protection as part of the right to privacy (Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms), given the complex nature and equivalence of these rights on conditions of a a democratic society. The purpose of the article is to elucidate, through the European Court of Human Rights practice, the provisions allowing defamation cases to be resolved and additional criteria that can be used to consider such cases to be formed. The research is based on the perception of human rights as natural, inalienable and equal human opportunities, which are universal in nature, but may have a regional content, allowing us to talk about the social and cultural nature of law in general. The study takes into account the implicit nature of the Convention for the Protection of Human Rights and Fundamental Freedoms provisions, which enshrine the relevant human rights, respectively, it is the decisions of the European Court of Human Rights that are “filling” these rights with the “content”. The principle of the Convention’s norms dynamic interpretation is taken into account by the Court, which ensures the effectiveness of human rights institutions and a modern understanding of the content of protected rights. The article clarifies that the criteria for finding a balance between the right to freedom of expression and reputation protection are the following: the content of the publication; degree of public interest in disseminated information; the degree of publicity of the interested person, the form and consequences of the publication, the method of obtaining information, the behavior of the interested party to the publication; as additional criteria for determining the balance between the right to freedom of expression and the protection of reputation, it is suggested to use the purpose of the publication (whether, the publication aims to create a “platform” for discussion of public interest or is used as a means of black PR or this interest is limited to unhealthy curiosity), as well as the results of linguistic examination.</p> Tetiana M. Alforova, Mariia M. Koba, Oksana V. Lehka, Andrii M. Kuchuk Copyright (c) 2022 Andrii Kuchuk, Tetiana Alforova, Mariia Koba, Oksana Lehka https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6527 Thu, 23 Jun 2022 00:00:00 +0000 DNA Databases for Criminal Justice System: A Pathway towards Utopian or Dystopian Future? https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6592 <p><strong>Abstract:&nbsp; </strong>DNA evidence has increasingly become a widespread instrument in solving crime as well as crime prevention. As such, creation of DNA databases or expanding the existing ones have been on the rise in the world. On the one side, storing DNA profiles serves as a pivotal tool in crime solving, but on the other, privacy based on genome concerns occur. DNA databases appears as an example of biotechnology today and in the future that are argued in a spectrum ranging from utopia to dystopia. This methodical approach, of course, is nothing new or novel for a DNA database-related study. This study, however, aims to analyse the matter from the standpoint of criminal law and to discuss whether <em>the modus operandi</em> of criminal procedure on the use of DNA databases paves the way towards utopian or dystopian vision for future. As such, after introducing theme and indicating scope of the study (I), it provides an overview regarding the involvement of DNA as evidence and respectively database in criminal justice system in the world (II).&nbsp; Whether databases established for criminal justice system serve for dystopian.</p> Rahime Erbaş Copyright (c) 2022 Rahime Erbaş https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6592 Thu, 23 Jun 2022 00:00:00 +0000 Women´s Representation and Rights in the African Court https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6896 <p>The African Union and African states’ have committed to upholding gender equality and women’s rights. A pivotal mechanism for advancing this commitment and human rights in general is the African Court on Human and Peoples’ Rights, with its broad substantive jurisdiction. This article considers the legal basis for gender parity and the extent to which gender representation and women’s rights has been advanced through or by the Court. It establishes that though the Court’s jurisprudence on women’s right is quite scant, the Court has illustrated its potential and willingness to protect women’s rights through its advisory and contentious jurisdiction. Significant strides have also been made in attaining gender equality on the Court’s bench, but with more to be done in terms of substantive representation in the Court’s leadership positions.</p> Lilian Chenwi Copyright (c) 2022 Lilian Chenwi https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6896 Thu, 23 Jun 2022 00:00:00 +0000 International Practice of Human Rights as Legal Demand-Rights: A Critical Approach https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6735 <p>Margaret Gilbert’s approach to human rights asserts that these are demand-rights that may be moral or legal. As legal rights, human rights result exclusively from an international practice in which States hold a leading position. This paper offers a critique of Gilbert’s prominent approach to conceptualising human rights as legal demand-rights. I hold here that her state-centric approach does not correctly represent the international practice of human rights and may reinforce the dominant role of States vis-à-vis the individual, which contradicts our contemporary understanding of human rights. If Gilbert’s approach is followed in the way she has proposed, the realisation of these rights could be even more difficult. Such outcome can be avoided by accepting the dual (legal and moral) nature of human rights.</p> Johnny Antonio Dávila Copyright (c) 2022 Johnny Antonio Dávila https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6735 Thu, 23 Jun 2022 00:00:00 +0000 The Right to Participate in Political and Decision-Making Process under the Maputo Protocol: Normative Masculinity and Nigerian Women https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6633 <p>The birth of the Protocol on the Rights of Women in Africa otherwise known as Maputo Protocol was meant to overcome the shortcomings of the African Charter on Human Rights. Despite Nigeria’s ratification of the protocol, little concrete achievements have been recorded. This study situates the right of Nigerian women to participate in political and decision-making process under the Maputo Protocol in the context of normative and hegemonic barriers in the country. Using analytical methodology, the paper argues that the underrepresentation of Nigerian women in public governance is a negation of human rights. The domestication of the Protocol is recommended.</p> Onyekachi Eni, Macpherson Uchenna Nnam, Eseni Azu Udu Copyright (c) 2022 Onyekachi Eni, Macpherson Uchenna Nnam, Eseni Azu Udu https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6633 Thu, 23 Jun 2022 00:00:00 +0000 The SDGS and Human Rights Key Instruments in the Response and Recovery from the Pandemic https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7105 <p>The COVID-19 pandemic is a valuable opportunity to draw a series of important lessons that may be key to turning the tide and laying the foundations to face the new and unprecedented challenges that humanity will face in the coming years. after analysing the differences between this crisis and the two previous ones experienced in the 21<sup>st</sup> century, a series of lessons that should be considered stand out. Next, the Sustainable Development Goals and Human Rights are presented as key instruments to guide the construction of a new model that leaves no one behind and increases our resilience. Finally, it concludes by collecting a series of theoretical reflections that could be used as a methodology and possible content proposals in the design of a new model to face the challenges that the future holds, as well as the response to possible criticisms.</p> Lucía Aparicio Chofré Copyright (c) 2022 Lucía Aparicio Chofré https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7105 Thu, 23 Jun 2022 00:00:00 +0000 Collection and Use of Information by Counter-Intelligence in the Context of Human Rights Protection https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6779 <p>Obtaining complete and reliable information during counter-intelligence activities is very critical. The extraction, analytical processing, and use of information regarding signs and facts of intelligence, terroristic, and other activities of special services of foreign states, as well as organisations, individual groups, and individuals to the detriment of the state security of Ukraine is legally established as its main task. One of the main tasks of intelligence and counter-intelligence is to collect information in the interests of national security on the facts and signs of activities that threaten the sovereignty, territorial integrity, and constitutional order of the state, that is, its main system-forming component, using all possible sources. The purpose of such information collection is to assist the executive branch of government in developing internal and external policy, as well as to develop strategic and tactical decisions in the implementation of national policy. The purpose of this study was to identify the problems of collecting and using information by counter-intelligence, to develop a strategy to overcome such problems, and to investigate the legal principles of protecting human rights in the process of this activity. The results of the study will contribute to the development of the theory of national security, the obtained definition of the legal regime for collecting and using information about an individual or legal entity regarding which counter-intelligence actions are performed, will assist intelligence and counter-intelligence units in ensuring the protection of human rights during such activities.</p> Antonina Dimich, Valentyn Petrov, Ivan Sliusarchuk, Nataliia Mishchyshyn, Valentyna Fornolyak Copyright (c) 2022 Antonina Dimich, Valentyn Petrov, Ivan Sliusarchuk, Nataliia Mishchyshyn, Valentyna Fornolyak https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6779 Thu, 23 Jun 2022 00:00:00 +0000 Legal Efforts to Curb Child Marriage in India, USA and Australia: A Comparative Analysis https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6582 <p>Child marriage is a practice prevalent in many developing as well as developed countries. Despite many legislations and schemes introduced by the respective governments to prevent this immoral practice, it still continues to exist in our society either due to loopholes in the enacted legislations or because society does not accept the laws, giving primacy to their cultural practices or orthodox beliefs. This paper gives a detailed version of child marriage in India by exploring its historical facet, the impact of legislations prevailing and their intelligible conflict with personal laws of various communities. The paper also discusses the laws enacted in the USA and Australia to curb this practice and makes a comparative study regarding the efficiency of these laws.</p> Vaibhav Chadha, Uddhav Tiwari Copyright (c) 2022 Vaibhav Chadha https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6582 Thu, 23 Jun 2022 00:00:00 +0000 Correlation of Administrative Definitions of Refugees and Internally Displaced Persons: Compliance with International Standards https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6864 <p>The purpose of this study is to investigate the correlation of administrative definitions of refugees and internally displaced persons, as well as compliance of these definitions with international standards. The methodological framework of the study included analytical, legal, and statistical methods of analysis. The study employed general scientific and special methods of cognition. The paper investigates the main provisions of the legislative framework at the international and national levels. The applied methods allowed obtaining reliable and reasonable conclusions and results. Therefore, it is necessary to legislatively regulate the situation of persons who have been in Ukraine for a long time in violation of the law. The specified non-conformity of the legislation of Ukraine should be eliminated in two parallel ways. The specified non-conformity of the legislation of Ukraine should be eliminated in two parallel ways. On the one hand, any restrictions on the circle of persons to whom it applies should be excluded from the definition of IDPs in Article 1 of the Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons”, primarily regarding the presence of stateless persons on the territory of Ukraine on legal grounds and the right to permanent residence in Ukraine. On the other hand, the corresponding law approves the procedure for determining a person as stateless, or apatride. This paper presents the criteria for the correlation between the terms “refugee” and “internally displaced person”. The practical value of this study lies in the fact that the investigation of the correlation of administrative definitions of refugees and internally displaced persons and their compliance with international standards is essential for practitioners and theorists in legal science.</p> Yevgen Gerasymenko, Nataliia Zadyraka, Viktoriia Georgiievska, Nataliia Kovalenko, Yulia Leheza Copyright (c) 2022 Yevgen Gerasymenko, Nataliia Zadyraka, Viktoriia Georgiievska, Nataliia Kovalenko, Yulia Leheza https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6864 Thu, 23 Jun 2022 00:00:00 +0000 Conceptualizing Human Rights Remarks on the ‘Genus’ and Distinguishing Features of Human Rights https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6874 <p>The paper examines the conceptual issues of human rights using the framework of the <em>genus proximum – differentia specifica</em> definitional technique. My aim is not to come up with a definition for human rights, but rather to identify their <em>genus </em>that can, as a starting point, serve the purposes of constructing a more elaborate theory. As an unsurprising, but not at all obvious suggestion, it is argued that the closest conceptual category to human rights is the category of rights, understood in a wide but still Hohfeldian sense of the word. Subsequently, the paper examines five potential ‘distinguishing features’ that can, either separately or in combination with each other, set apart human rights from other rights.</p> Antal Szerletics Copyright (c) 2022 Antal Szerletics https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6874 Thu, 23 Jun 2022 00:00:00 +0000 Judicial Balacing of Parental Objection to Medical Treatment on the Basis of Religious Beleifs and Children Right to Life in Nigeria https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7009 <p><em>Children being vulnerable, have special protection under the law through their parents or guardian who are responsible for them; and make decisions for them because they lack legal capacity. One of these decisions a parent/guardian makes is determining the religion of a child. Once the parent/guardian chooses the religion of the child, the child may become bound by its practices throughout childhood. While the right of parents to determine the religion of their children is recognised by domestic, regional and international laws, the way courts in Nigeria treat this recognition suggests that the right is not absolute. This paper adopts the doctrinal methodology in interrogating the extent to which Nigerian Courts permit the observation by a child of the religious practices of his/her parent in relation to submission to medical treatment in order to protect the child’s right to life. This paper argues that law and morality are media of social control but have their convergence and divergence. It further argues that sanctity of human life which for many forbids suicide, requires that even adults should not be allowed to object to medical treatment which refusal may result in death which can be seen as “disguised suicide.” These authors examined the Supreme Court decision in Medical Dental Practitioners Disciplinary Council v. Okonkwo and found that; Nigerian Courts recognise parent right to choose their children religion and practices however, any religious practice prejudicial to the child based on the “best interest” principle provided under the Child Right Act and its States equivalent will be jettisoned. It examines the practice in Britain and Canada and draw lessons for Nigeria. This paper recommends public enlightenment, prohibition of harmful religious beliefs such as objection to life-saving medical procedure by parents for minors as means of&nbsp;&nbsp;&nbsp; balancing parents/guardian right to choose their children religious beliefs and preservation of the children right to life. </em></p> David Tarh-Akong Eyongndi, Samuel A. Adeniji Copyright (c) 2022 DAVID TARH-AKONG SAMUEL A. ADENIJI https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7009 Thu, 23 Jun 2022 00:00:00 +0000 Enforced Disappearance in Peru: A Step towards a National Policy to Search for Disappeared Persons https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6898 <p>This paper aims to explore, firstly, what impact enforced disappearance -committed during the internal armed conflict which occurred between 1980 and 2000 in Peru - had on victims’ family members. Secondly, measures taken by the Peruvian State for the search, exhumation, identification and restitution of the remains of disappeared persons will be examined. Thanks to the analysis of 8 qualitative interviews with family members of disappeared persons and/or leaders of associations dedicated to supporting them, this paper will analyse the needs of family members of disappeared persons, which are still unmet and that constitute a future challenge for the Peruvian state.</p> Agata Serranò Copyright (c) 2022 Agata Serranò https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6898 Thu, 23 Jun 2022 00:00:00 +0000 Presentation: Confronting Binary Foundations: Non-Binary Identities and the Edges of Rights https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7180 <p>.</p> Blanca Rodríguez Ruiz Copyright (c) 2022 Blanca Rodríguez Ruiz https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7180 Thu, 23 Jun 2022 00:00:00 +0000 Making Sense of it: Why Democracy (and Feminism) Needs to Go Beyond Binary Citizenship https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7042 <p>This text assumes and departs from three basic premises: 1) identities are not born but constructed through repeated performative actions that are in turn informed by existing social constructions of gender; 2) analysing and understanding the ways in which gender is shared and historically constructed can lead to a construction of gender that goes beyond the binary system on which heteronormativity depends; 3) feminism is inherently democratic and entails the consolidation of the very conception of ​​democracy. If feminism wants to remain so, it concludes, it cannot but embrace the theoretical framework and action of non-binary citizenship conceived by Queer Theory.</p> Rafael Vázquez García Copyright (c) 2022 Rafael Vázquez García https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7042 Thu, 23 Jun 2022 00:00:00 +0000 Trans-Visibilities and Sexual Politics: Temporary Passages in Spanish Popular Cultures https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7063 <p>This article aims to review the models that historically have shaped technologies of gender through popular representations in Spanish culture. First, an anthropological view will be cast on the naturalised Catholic-Francoist models that exalted heterosexual dichotomies and reproductive marriage. This includes an analysis of how, although the criminalization of transsexuals aggravated their situation, resistance movements generated a wide range of cultural references and possibilities for inclusion. Second, the article will review the models associated with Spain’s transition to democracy and their evolution moving on to the beginning of the 21st century. Finally, it will draw an outline of the trans models produced during the past two decades and their popular expressions.</p> Assumpta Sabuco i Cantò Copyright (c) 2022 Assumpta Sabuco i Cantò https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7063 Thu, 23 Jun 2022 00:00:00 +0000 What Is at Stake in the Recognition of Non-Normative Identities? https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7021 <p>The deconstruction of the binary sex-gender system that sustains modern western states demands the deconstruction of its dichotomies and their excluding effects on non-normative identities. This demands in turn that gender self-determination be recognised as a right. In Spain this right has been given constitutional status (<em>STC</em> 99/2019), yet it is currently not articulated in legislation. Proposals of a new legal framework have met with resistance and an ensuing need for compromise. Unless it grasps and upholds the full constitutional extent of the right to gender self-determination, however, legislation risks being born both unconstitutional and obsolete, out of pace with social demands.</p> Blanca Rodríguez Ruiz Copyright (c) 2022 Blanca Rodríguez Ruiz https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7021 Thu, 23 Jun 2022 00:00:00 +0000 Trans Justice Fights Trans Moral Panic https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7023 <p>Between the summer of 2019 and the summer of 2021, a violent discussion about trans rights took place in Spain. This paper argues that the discussion can be understood as an instance of ‘social problems work’, more specifically as part of a moral crusade or a moral panic episode. Implicit in this is the idea that there has been an over-reaction to trans recognition and trans equality laws, publicly presented as a major social problem. This paper also provides legal arguments against the fears voiced in the discussion, by summarizing relevant ECHR case-law that agrees with an alternative feminist account of trans rights that de-pathologizes gender-identity self-determination. The paper thus suggests that a ‘cultural war’ over gender identity has been ignited and has yet to be fully fought and won.</p> Ruth M. Mestre i Mestre Copyright (c) 2022 Ruth M. Mestre i Mestre https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7023 Thu, 23 Jun 2022 00:00:00 +0000 The Right to Gender Self-Determination in Spain. Lessons from Autonomous Communities https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7106 <p>Law 3/2007, regulating the rectification of a person's official sex, is still in force in Spain. Although it does not demand reassignment surgery, it pathologizes the reassignment process, among other shortcomings. Since its enactment, 14 of Spain’s 17 Autonomous Communities (Regions) have legislated on the subject, mostly on the basis of self-determination, in an attempt to compensate for the perceived deficiencies in national legislation. This paper analyses and compares the legislative approach to gender identity and the rights of Trans people at a national and regional level.</p> Laura Flores Anarte Copyright (c) 2022 Laura Flores Anarte https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7106 Thu, 23 Jun 2022 00:00:00 +0000 Intersex in Italy: At the Source of the Complexity? https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7082 <p>Focusing on the Italian legal scenario, the paper examines medical practices that impose cosmetic surgeries on intersex children. Carried out with the aim of adjusting their genitalia to a perfect male or female body, these practices infringe upon the fundamental rights of the children subjected to them and demand new ways of protection. The paper explores the legal approaches that could be adopted to challenge them and to ensure the protection of children’s rights.</p> Anna Lorenzetti Copyright (c) 2022 Anna Lorenzetti https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7082 Thu, 23 Jun 2022 00:00:00 +0000 The Standards of Protection of Trans People Elaborated by the Court of Strasbourg and their Incorporation in the Recent Spanish Legislative Proposal https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7060 <p>This article has two main purposes. On the one hand, it aims to systematise the progress made by the European Court of Human Rights (ECtHR) in the creation of common standards for the protection of trans people, in particular regarding rectification of one’s registered sex. On the other, it intends to verify to what extent said standards have been incorporated into the Draft Bill on LGBTI rights currently under discussion in Spain. To this end, it will analyse the Draft Bill from the standpoint of the case-law developed by the ECtHR on the matter. It will also make some critical reflections on this case-law from the standpoint of the rights it is set to protect.</p> Silvia Romboli Copyright (c) 2022 Silvia Romboli https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7060 Thu, 23 Jun 2022 00:00:00 +0000 Dismantling or Perpetuating Gender Stereotypes. – The Case of Trans Rights in the European Court of Human Rights’ Jurisprudence https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7022 <p>The European Court of Human Rights (the Court) considers gender identity “a fundamental aspect of the right to respect for private life” (<em>AP, Garçon &amp; Nicot v France</em>, 2017), and has taken important steps towards ensuring that this right is implemented in Council of Europe states. The Court has thus held that trans persons cannot be required to undergo “sterilisation surgery or treatment” to have their gender legally recognised by the State (<em>AP, Garçon &amp; Nicot v France</em>). However, where such advancements have opened doors for many trans people to access legal gender recognition without undergoing unwanted or impossible surgeries, certain requirements remain. Where the gender identity of trans persons must be ‘verified’ by a third-party to enable legal gender recognition, this bears the risk of seeing stereotypical visions of gender enforced, devaluing the general aim of dismantling gender stereotypes for all. This paper will analyse gender stereotypes appearing in cases of the Court relating to trans persons, and explore alternatives to the current systems of legal gender recognition, which may aid in dismantling gender stereotypes for persons of all gender identities.</p> Caroline Hansen Copyright (c) 2022 Caroline Hansen https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7022 Thu, 23 Jun 2022 00:00:00 +0000 Trans Rights: The Ongoing Debate in Latin American Legal Agendas https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7061 <p>This article offers an overview of the Trans people's rights agenda in Latin America. It focuses on various Latin American countries to reveal how the route towards rights has been marked by a binary and medicalizing approach to non-normative identities, directly influenced by the traditional and conservative moral projects prevalent in the region. It also accounts for some recent normative and case-law developments, which however coexist with restrictive norms that criminalize the rights of gender-diverse people. It concludes that the recognition of Trans people’s rights is often insufficient, that it contributes to rendering Trans diverse realities invisible, thus reinforcing discrimination.</p> Sebastián López Hidalgo Copyright (c) 2022 Sebastián López Hidalgo https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7061 Thu, 23 Jun 2022 00:00:00 +0000 Intersex Legal activism. United Nations on the Human Rights of Intersex People https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7047 <p>For some years now, two intersex associations, <em>Brújula Intersex</em> and <em>Stop Intersex Genital Mutilation</em>, have been coordinating the participation in evaluation processes of the rights of intersex people convened by the United Nations. This article will try to analyse the legal strategies of these two associations to obtain the condemnation of several states by the United Nations. The ultimate goal is to draw a common thread of life stories, functioning of medical devices, silencing by governmental authorities, and possibilities for intersex people's agency.</p> Luisa Winter Pereira Copyright (c) 2022 Luisa Winter Pereira https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7047 Thu, 23 Jun 2022 00:00:00 +0000 Hate Speech and Binary Exclusions in Europe: A Digital and Communicative Approach https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7024 <p>Hate speech targeting homosexuals, transgender people and other sexual orientations, as well as gender identities that deviate from the prevailing traditional binary system pervades social networks and digital communication channels. As a result, it is causing the exclusion of these groups, which often opt for invisibility in order to survive. Freedom of expression is an essential and preferential right in Western democratic systems. Based on this premise, this paper delves into the European legal and jurisprudential framework on hate speech –especially, acts of transphobia, homophobia and violence based on sexual orientation and gender identity– as a limit to freedom of expression, when other fundamental values, such as dignity, are at stake. Based on an analysis of the main normative instruments that have attempted to define the concept, as well as recent case law on hate speech, the aim of this article is to outline a consensus and to establish stable parameters to configure a legal response –valid in the European context– to cases of homophobic or transphobic speech.</p> Ana Galdámez Morales Copyright (c) 2022 Ana Galdámez Morales https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7024 Thu, 23 Jun 2022 00:00:00 +0000 Feminism and Pornography: From Mainstream Pornography (Hetero-Patriarchal) to Post-Porn (Non Binary) https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7025 <p>Along with prostitution, and more recently surrogate motherhood, pornography has been a contentious issue within the feminist movement ever since the 1970s. Perceived by abolitionists as the prelude to rape, for pro-Sex feminists it represents an ideal vehicle for expressing desire for women and minority sexual identities, and has a considerable transformative capacity. The latter school of thought proposes a paradigm shift and has aligned itself with Queer Theory, which advocates a non-binary approach to sexual identities through Post-porn. This study critically analyses the main arguments put forward by feminism in the field of pornography: women's rights and the principle of no-harm.</p> Ana Valero Heredia Copyright (c) 2022 Ana Valero Heredia https://creativecommons.org/licenses/by/4.0 https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7025 Thu, 23 Jun 2022 00:00:00 +0000