The Age of Human Rights Journal

Journal Information
EISSN : 2340-9592
Published by: Universidad de Jaen (10.17561)
Total articles ≅ 135
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Latest articles in this journal

Lucía Aparicio Chofré
Published: 23 June 2022
The Age of Human Rights Journal pp 425-444; https://doi.org/10.17561/tahrj.v18.7105

Abstract:
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 21st 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.
Caroline Hansen
Published: 23 June 2022
The Age of Human Rights Journal pp 143-161; https://doi.org/10.17561/tahrj.v18.7022

Abstract:
The European Court of Human Rights (the Court) considers gender identity “a fundamental aspect of the right to respect for private life” (AP, Garçon & Nicot v France, 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 (AP, Garçon & Nicot v France). 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.
Antonina Dimich, Valentyn Petrov, Ivan Sliusarchuk, Nataliia Mishchyshyn, Valentyna Fornolyak
Published: 23 June 2022
The Age of Human Rights Journal pp 445-461; https://doi.org/10.17561/tahrj.v18.6779

Abstract:
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.
Yevgen Gerasymenko, Nataliia Zadyraka, Viktoriia Georgiievska, Nataliia Kovalenko, Yulia Leheza
Published: 23 June 2022
The Age of Human Rights Journal pp 491-505; https://doi.org/10.17561/tahrj.v18.6864

Abstract:
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.
Antal Szerletics
Published: 23 June 2022
The Age of Human Rights Journal pp 507-521; https://doi.org/10.17561/tahrj.v18.6874

Abstract:
The paper examines the conceptual issues of human rights using the framework of the genus proximum – differentia specifica definitional technique. My aim is not to come up with a definition for human rights, but rather to identify their genus 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.
Silvia Romboli
Published: 23 June 2022
The Age of Human Rights Journal pp 125-142; https://doi.org/10.17561/tahrj.v18.7060

Abstract:
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.
Anna Lorenzetti
Published: 23 June 2022
The Age of Human Rights Journal pp 105-123; https://doi.org/10.17561/tahrj.v18.7082

Abstract:
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.
Ana Valero Heredia
Published: 23 June 2022
The Age of Human Rights Journal pp 221-238; https://doi.org/10.17561/tahrj.v18.7025

Abstract:
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.
Johnny Antonio Dávila
Published: 23 June 2022
The Age of Human Rights Journal pp 377-395; https://doi.org/10.17561/tahrj.v18.6735

Abstract:
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.
Lilian Chenwi
Published: 23 June 2022
The Age of Human Rights Journal pp 345-375; https://doi.org/10.17561/tahrj.v18.6896

Abstract:
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.
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