The Age of Human Rights Journal https://revistaselectronicas.ujaen.es/index.php/TAHRJ <p><strong>ISSNe:</strong> 2340-9592&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;<strong>DOI:</strong> 10.17561/tahrj<br><strong>URL:&nbsp;</strong><a href="/index.php/TAHRJ">http://revistaselectronicas.ujaen.es/index.php/TAHRJ</a> &nbsp;&nbsp;</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 &nbsp;</p> en-US ramonrr@ujaen.es (Ramón Ruiz Ruiz) dvega@ujaen.es (Servicio de Publicaciones UJA) Mon, 15 Jun 2020 12:30:43 +0000 OJS 3.1.2.1 http://blogs.law.harvard.edu/tech/rss 60 Forced Marriages in Europe: A Form of Gender-Based Violence and Violation of Human Rights https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5474 <p><span lang="EN-GB">Forced marriages are recognized as a form violating human rights, descriminatiing against women as well as a form of gender-based violence which both women and children suffer. In numerous international treaties and in other supranational documents, this practice is perceived as a violation against people’s dignity and as an attempt against fundamental rights such as freedom and equality. Moreover, the forced marriage is a crime condemned by the International and European human rights law: it violates the right to freely marry and the right to live a life free of gender-based violence. The objective of this article is to critically review the international and European obligations of States in relation to forced marriages. This critical review will be carried out through normative analysis from Legal Feminism and Feminist Theory</span><span class="tlid-translation"><span lang="EN-GB">.</span></span></p> María Barcons Campmajó Copyright (c) 2020 The Age of Human Rights Journal https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5474 Mon, 15 Jun 2020 00:00:00 +0000 Human Rights beyond Dichotomy between Cultural Universalism and Relativism https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5476 <p>The consolidation of relations of global society requires the progressive establishment of a global legal system, consisting of a system of rules - precisely, human rights - as the source and evaluation criteria of positive national rights. This essay aims to contribute to some extent using reflective dialectical methodology, establishing logical- argumentative criteria, based on the dialogue between authors to exercise a critical reflection of the official narrative on the universality of human rights, in addition overcoming the universalism/relativism dichotomy eurocentricaly established by a theory of human rights between universalism and cultural relativism.</p> Edna Raquel Hogemann Copyright (c) 2020 The Age of Human Rights Journal https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5476 Mon, 15 Jun 2020 00:00:00 +0000 Blasphemy As A Thick Concept https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5477 <p>Thick concepts have been central in metaethical debates over the last few decades, for instance in the controversy between cognitivism and non-cognitisivism or in the fact/value distinction. They are characterised as world guided, action guiding and community shared. In this paper, thick concepts are used to analyse case law on blasphemy from the European Court of Human Rights. When conducting this analysis, the test of civility proposed by Habermas and Rawls will also be applied. Public reason obligates the use of reasons accessible to all, that is to say not with a particular/thick meaning, in the public sphere.</p> Oscar Pérez de la Fuente Copyright (c) 2020 The Age of Human Rights Journal https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5477 Mon, 15 Jun 2020 00:00:00 +0000 Climate Variation-Induced Migration, Land Conflicts, and Security Situation in Nigeria https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5478 <p><span lang="EN-US">Climate&nbsp;variation largely impacts migration in with the capacity&nbsp;to&nbsp;worsen&nbsp;conflict and security situations in parts of Africa, Nigeria in particularly, already facing security threats from the activities of sedentary and nomadic pastoral farmer’s interaction. Increasing variations in rainfall patterns significantly impact the migration patterns of vulnerable households and constitute a risk factor to their livelihoods. For effective adaptation plan and sustainable livelihood decision that has climate resilient future, there is need for better understanding of the conflict and security implications of climate variation. This paper, therefore, interrogates the nexus between climate variation and migration, as well as the impact of this nexus on conflicts and security of lives and properties in Nigeria. Using critical analysis and qualitative methodology, the study establishes that migration settlement policies that fail to define the rights and duties of settlers and those of indigenes of any particular community, create loopholes for the reification of identities and identity-induced crisis. The conclusion of the paper is that migration issues resulting from climate variation have not been adequately addressed to involve all stakeholders. There is the need to harvest environmental impact assessment data of climate variation to guide the provision of alternative options to climate-related emergencies across Nigeria. </span></p> Dickson Ogbonnaya Igwe Copyright (c) 2020 The Age of Human Rights Journal https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5478 Mon, 15 Jun 2020 00:00:00 +0000 Legal Philosophy and Cosmopolitan Constitutionalism. Debates on Morality, Unity, and Power https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5479 <p><span lang="EN-US">Cosmopolitan Constitutionalism is a specific proposal in the international legal debate, the goal of which is the application of constitutional principles at the global level to achieve the universal guarantee of human rights. The author proposes that if we want to respond to the question of whether this project is possible and desirable, we need to analyse whether this is a plausible proposal, considering </span><span lang="EN-US">the distinctive features of law in the transnational sphere. In this light, </span><span lang="EN-US">the principal aim of this work is to show the principal challenges that Cosmopolitan Constitutionalism presents for the classic debates of legal philosophy, considering the current conditions of the international sphere. In this paper, the three topics that are considered are the debates between morality and law, law and power, and law and unity. The topics are problematized from the perspective of two contemporary scholars of Cosmopolitan Constitutionalism: Luigi Ferrajoli and Jürgen Habermas. </span></p> Constanza Núñez Donald Copyright (c) 2020 The Age of Human Rights Journal https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5479 Mon, 15 Jun 2020 00:00:00 +0000 Ideological Freedom And Related Legal Wording https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5480 <p>In practical discourse, we can find out legal wording that is associated with ideological freedom and applied interchangeably: freedom of thought, freedom of conscience and religious freedom. In this essay, our aim consists in determining which the proper use of each expression is. For this purpose, we have observed: how the concept of ideological freedom is established in some legal systems; how it can be differentiated from religious freedom clearly but not from freedom of conscience on account of a vague material scope of validity; and why these difficulties move from conceptual to legal areas. In order to propose a convenient use to the latter expressions, we draw on BERLIN’s two concepts of liberty.</p> Marc-Abraham Puig Hernández Copyright (c) 2020 The Age of Human Rights Journal https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5480 Mon, 15 Jun 2020 00:00:00 +0000 Freedom from Nuclear Weapons? IHRL And IHL Perspective vs the State-Centred Approach https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5481 <p class="DomylneB"><span lang="EN-US">23 years after the ICJ’s Advisory Opinion on the <em>Legality of the Threat or Use of Nuclear Weapons<strong>,</strong> </em>a general treaty prohibiting the use of nuclear weapons has been adopted. It may be anticipated that the TPNW will probably not enter into force very soon, and when it does, it will neither be universally accepted, nor will it significantly influence thepractice of the nuclear weapon States. It is therefore justified to analyse the problem under consideration, not from a State-oriented perspective, but from a human and environmentally centred one. The article argues not only that any use of nuclear weapons would be contrary to the rules of international law applicable in armed conflict, in particular the principles and rules of international humanitarian law, but it would also violate international human rights law. The article further dwells upon the customary international law aspects of the problem under consideration<strong>.</strong></span></p> Julia Kapelańska-Pręgowska Copyright (c) 2020 The Age of Human Rights Journal https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5481 Mon, 15 Jun 2020 00:00:00 +0000 The Flag of Imagination: Peru's New Reform on Legal Capacity for Persons with Intellectual and Psychosocial Disabilities and the Need for New Understandings in Private Law https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5482 <p><em>This paper analyzes the recent reform regarding the legal capacity of persons with disabilities in Peru. It provides a domestic legal and judicial context in which the reform was adopted. Following this, the paper aims to analyze the reform’s conformity with article 12 of the Convention on the rights of persons with disabilities, noting that the current regulation is only partially CRPD compliant. The current design of judicially designated supporters can be understood as valid under specific interpretations of Article 12, while the design of safeguards does not comply with such standard. The paper addresses the impact of legal capacity reform in traditional private law theory of the juridical act. Currently, the Peruvian system does not provide clear or accurate standards to respond to this problem. The paper shines a light on the need to rethink multiple concepts of private law in order to make legal capacity reform fully operational.</em></p> Renato Antonio Constantino Caycho Copyright (c) 2020 The Age of Human Rights Journal https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5482 Mon, 15 Jun 2020 00:00:00 +0000 The Protection of Access to Food for Civilians under International Humanitarian Law: Acts Constituting War Crimes https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5483 <p>The objective of this paper is to examine the specific provisions, within the framework of International Humanitarian Law (IHL), that protect the human right to food of the civilian population and to observe to what extent the protection of access to food is an issue taken into account by IHL during the development of an armed conflict. Answering these questions requires a detailed analysis of this branch of international law, in order to identify the specific rules of IHL that aim, directly or indirectly, to ensure that civilians do not see denied their access to food during the armed conflict, whether international or non-international.&nbsp; In many armed conflicts, a greater number of civilians die from food deprivation than as a direct result of hostilities. In this sense, the Statute of the International Criminal Court criminalizes those acts that, during the armed conflict, violate IHL prohibitions related to food issues, thus we will also mention them, with the aim of clarifying the possible individual criminal responsibility attributed to those who carry out such acts.</p> <p>The scientific method that has been used in this work is the legal-sociological method, insofar as it is the one that we consider most appropriate for the multidisciplinary approach, always from the legal point of view, regarding the understanding of the rules, the lack of them, their effectiveness, their rationale, etc.&nbsp; This method is based on the idea that law cannot be studied as an isolated domain but must be analysed as part of social reality. The elaboration of this work, with a multidisciplinary object, has also required the use of several methodological techniques, such as social and legal analysis, legal deduction and induction, description and interdisciplinarity.</p> Adriana Fillol Mazo Copyright (c) 2020 The Age of Human Rights Journal https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5483 Mon, 15 Jun 2020 00:00:00 +0000 New Instruments for Human Rights Protection in Globalization https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5484 <p>The Ruggie principles have given new impulse to the process of developing and modernizing International Lawthrough the influence of human rights. However, this process has been developed as “soft law” measuresincluded in the corporate social responsibility activities of multinational companies, which academic opiniondeems has lessened the capacity of human rights for transforming international law into more effective and trulybinding instruments to avoid abuses against human dignity. This issue has prompted a debate concerning the roleof multinationals as subjects of international law, and the advisability of returning to more traditional andconservative approaches to governance of globalization and to effective protection of human rights from riskybusiness activities. However, thanks to Common Law traditions, this model may be transformed into binding rules,using the legal tools of private Law. This reveals the utility of such soft Law regulations in creating cultures ofrespect useful when rule of law is weak to rule relations between states, companies and people, that arise fromthe actions of private individuals rather than the activity of public law-making institutions.</p> Ana M. Ovejero Puente Copyright (c) 2020 The Age of Human Rights Journal https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5484 Mon, 15 Jun 2020 00:00:00 +0000 Myanmar Media: Legacy and Challenges https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5516 <p>For nearly fifty years Myanmar was ruled by a military junta. It did not tolerate any criticism, and severely punished anyone who dared to oppose them. At the same time, it cut the country off from the rest of the world, preventing it from being informed about Burma’s internal situation. The announcement of the changes came when Thein Sein’s first civilian government was formed in 2011. Almost 10 years have passed since then and Myanmar, according to the Press Freedom Index, is considered to be one of the countries where freedom of speech and freedom of the media are commonly violated and journalists are often persecuted and punished. Freedom of expression is one of the pillars of a democratic society, the basis for its development and a condition for the self-fulfillment of the individual. One of the most important ways of exercising freedom of speech is through free and independent media.</p> <p>The issue of respect for freedom of expression and freedom of the media must be seen in a broader context. It should be noted that there is a close link between respect for human rights and peacekeeping. Although freedom of expression, and thus freedom of the media, is one of those freedoms which may be restricted in specific situations, it cannot be done arbitrarily. Under public international law the exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. The authorities of Myanmar, when introducing and maintaining restrictions on freedom of speech and media, often invoke the need to restrict freedom of speech and media for reasons of state security, protection of morality or public order. However, one can venture to say that they are in fact afraid of criticism and possible public actions against the current authorities.</p> Maria Ochwat Copyright (c) 2020 The Age of Human Rights Journal https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5516 Mon, 15 Jun 2020 00:00:00 +0000