{"title":"Disability and the elderly in their freedom of interaction with the spanish administration","authors":"Vanesa Sánchez Ballesteros","doi":"10.17561/tahrj.v20.7631","DOIUrl":"https://doi.org/10.17561/tahrj.v20.7631","url":null,"abstract":"Disability and elderly people are considered special groups due to their high degree of vulnerability, and their welfare must be supported by public measures that reinforce the guarantees of their rights and freedoms. Although new technologies open up a world of possibilities in all areas of life, their use can hinder, in some cases, the development of the rights of these groups because their practice is a complex novelty, especially in the area of communication between citizens and the Public Administration. Therefore, this study focuses on the analysis of the impact of ICTs on the right to freedom of access of persons with disabilities and the elderly.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121687882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Poverty as a matter of justice","authors":"Silvin Ribotta","doi":"10.17561/tahrj.v20.7327","DOIUrl":"https://doi.org/10.17561/tahrj.v20.7327","url":null,"abstract":"Poverty is the outcome of the unequal distribution of resources reinforced by a legal, political, economic, and cultural model and is the central expression of social injustice. The impact of economic inequality on humanity’s quality of life can be better explained from the perspective of basic needs and their ties with rights, the unequal opportunities and their connection with the degree of autonomy that situated individuals effectively enjoy, and the effectiveness of public policy and the responsibilities and duties of the governments. This article discusses the close (and not visible) ties between justice, law, and poverty, emphasizing that the current legal framework -even the human rights system- legitimizes an unequal status quo that prevents real access to and enjoyment of rights and freedoms for people living in poverty conditions. Moreover, it also endangers democratic stability.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"260 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123404541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Protecting Citizens against Bureaucratic Abuse and Maladministration","authors":"Solomon I. Ifejika","doi":"10.17561/tahrj.v20.7287","DOIUrl":"https://doi.org/10.17561/tahrj.v20.7287","url":null,"abstract":"In 1975, with Decree No. 31, the Federal Military Government of Nigeria established the Public Complaints Commission as the country’s ombudsman institution. Charging it with the responsibility for protecting the citizen’s rights in the administration, Decree No. 31 was an enabling law to the 1974 report of the Public Service Review Panel instituted by the Military Government in 1974 to appraise and revamp the country’s public service. Following Nigeria’s return to democratic rule in 1999, the Commission’s establishment law became known as the Public Complaints Commission Act, CAP P37 of Laws of the Federation of Nigeria 2004, which sustains its existence and operation in the present Fourth Republic. Notwithstanding, the Commission’s performance has largely remained unsatisfactory for being unable to effectively deliver on its statutory mandate. This conceptual study, therefore, investigates the main factors accounting for the ineffectiveness of the Nigerian ombudsman institution. The study relies on qualitative data generated from secondary sources, which was analyzed using the thematic analysis technique of qualitative data analysis. The work finds that, among other issues, the lack of independence and legal capacity to punish offenders, are the key impediments to the effectiveness of the Commission. The study thus recommends, among other things, the amendment of the Commission’s establishment Act to grant the institution independence from the executive and legislative arms of the Nigerian Federal Government and confer on it punitive powers, as workable measures for repositioning the nation’s ombudsman institution for improved performance.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133276937","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Well-founded fear in international refugee law: a feminist approach","authors":"Cristina María Zamora Gómez","doi":"10.17561/tahrj.v19.7216","DOIUrl":"https://doi.org/10.17561/tahrj.v19.7216","url":null,"abstract":"International Refugee Law, as a matter of human rights, is in continuous evolution. This article aims to capture what the main advances in gender human rights have been in the regime of well-founded fear of persecution that is entitled by the 1951 Geneva Convention on the Status of Refugees. Thus, this article will expose what is the classic literature around the conceptualization of the well-founded fear of persecution, including what the iusfeminist critical doctrine has contributed. Subsequently, it will be shown how to improve the evaluation process of the two elements that make up the well-founded fear of persecution, namely the subjective and objective elements. Followed by a detail of the main stumbling blocks that such an evaluation has in terms of gender blindness. Finally, this article will venture to make some legal proposals to overcome such gaps.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115890364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
R. Natamiharja, A. Sukohar, Muhammad Fakih, Febryani Sabatira, Retias Dewi Jayati, Dimas Zakaria
{"title":"Covid-19 Challenges: Socio-Legal Issues Concerning the Patient Rights and Privacy During the Pandemic Era","authors":"R. Natamiharja, A. Sukohar, Muhammad Fakih, Febryani Sabatira, Retias Dewi Jayati, Dimas Zakaria","doi":"10.17561/tahrj.v19.7004","DOIUrl":"https://doi.org/10.17561/tahrj.v19.7004","url":null,"abstract":"Patient privacy is a right guaranteed by law that allows patient to conceal their medical records. However, this rights only applies in normal conditions and does not apply during a pandemic. It is often being misunderstood that broad society decided to close their medical records during this pandemic. The closing of the medical record will potentially cause the difficulty in detecting the virus’ transmission. Moreover, the status of a patient recognized as pandemic-suspected is often being ignored by their family and ultimately brought home assuming that their family is in good condition. This fact has immense potential to generate a wider spread of the pandemic virus. According to the previous subject, the study will further discuss the Indonesian regulations concerning the protection of patient confidentiality during the pandemic and the legal status for those responsible for taking the pandemic-suspected patient in force. This study hopefully will be contributing to the prevention of such actions mentioned above. This study uses a normative legal approach with secondary data research. The study results show that the broad society merely understands that the confidentiality of patient privacy only applies in normal circumstances and does not apply during the pandemic situation. Moreover, the forced withdrawal of pandemic-suspected patients occurs due to society's general prejudice towards the suspected patient. Therefore, this study argues that social awareness regarding the protection of patient confidentiality is necessary to increase social knowledge about patients' rights.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116475876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Nataliya Hren, M. Kelman, Maiia Pyvovar, Anna Koval, Yaroslav Melnyk
{"title":"Human rights and current discriminatory manifestations (on the example of age discrimination in the social and communicative sphere)","authors":"Nataliya Hren, M. Kelman, Maiia Pyvovar, Anna Koval, Yaroslav Melnyk","doi":"10.17561/tahrj.v19.7124","DOIUrl":"https://doi.org/10.17561/tahrj.v19.7124","url":null,"abstract":"The article provides a comprehensive analysis of counteracting human rights violations due to age discrimination in the social and communicative sphere to identify problematic aspects of this discrimination; to study current changes in connection with the pandemic threat and generalize a set of legal guarantees to prevent and counteract inappropriate legal policy in this area. The research is based on a humanistic approach, which determines the individual value criterion of the research methodology and is manifested through the ideology of anthropocentrism; a complementary approach to scientific research and a balanced combination of national and international state-building and law-making principles. A comparative legal method was used, which made it possible to summarize the legal requirements of various states, including the United Arab Emirates, Great Britain, Serbia, Bosnia and Herzegovina, and Colombia, on measures to counteract the spread of the COVID-19 pandemic. Statistical and information reports of the European Union countries, monitoring of the Equality Representatives of individual countries (Serbia, Lithuania), analytical data, government decisions and practical cases were used.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116823649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Human Duties and Rights in an Intercultural Perspective","authors":"Emilia Bea","doi":"10.17561/tahrj.v19.7375","DOIUrl":"https://doi.org/10.17561/tahrj.v19.7375","url":null,"abstract":"This paper reflects on the possibility of opening new ways of revaluing the role of human responsibilities and duties by establishing a relationship with rights that goes further than a simple correspondence between correlative terms. Approaching the interdependence between the language of rights and the language of duties from an intercultural perspective helps achieve an increasingly broader, but necessarily more complex, consensus. This analysis goes back to the Universal Declaration of Human Rights, which left duties in the background but showed the incipient presence of an intercultural purpose thanks to the work of UNESCO. The final part of the paper is devoted to those international declarations which delve deeper into this purpose and focus on duties. The aim of these initiatives, which originated with dialogue, is to strengthen those bonds of solidarity that involve assuming responsibilities when faced by the requirements of others that cannot be expressed in terms of enforceable powers.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114931343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"European Union Protection of Human Rights through its global policy","authors":"Maria Torres Pérez","doi":"10.17561/tahrj.v19.7071","DOIUrl":"https://doi.org/10.17561/tahrj.v19.7071","url":null,"abstract":"The Regime of Restrictive Measures against Serious Violations and Abuses of Human Rights launched at the end of 2020 by the European Union is part of the Commission's objective to reaffirm the Union's firm commitment to promoting universal values and strengthening its leadership in this field. However, the first year of implementation of the regime casts doubt on its effectiveness, given the existence of legal loopholes that tarnish it.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122055558","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Cross-embedded ralationship nature of Human Rights-related treaties and instruments with environment-related sustainable development goals","authors":"B. Suresh, A. Sundaram","doi":"10.17561/tahrj.v19.7225","DOIUrl":"https://doi.org/10.17561/tahrj.v19.7225","url":null,"abstract":"It is imperative that Treaties & Instruments and United Nations Sustainable Development Goal (SDG) must be analysed, considering their interdependencies and mutually reinforcing nature. The paper examines the Cross Embedded Relationship (CER) nature of core Human Rights-related Treaties & Instruments (HR-T&I) in Environment-related SDGs (E-SDG) in driving a metamorphic transformation process toward inclusive economic growth, adhering to human rights values that are environmentally centric and sustainable in the true sense. Some core HR-T&I explicitly recognise CER, as observed in textual analysis. The study reveals a varied level of the Cross Embedment Relationship Index (CERI) between the provisions of core HR-T&I and E-SDG, thereby indicating the importance of human rights principles in E-SDG and the significance of environment orientation in core HR-T&I. Linking core HR-T&I provisions with E-SDG and extra-legal compliance mechanism of SDGs can produce positive synergies in realising SDG objectives.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115726952","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tying An ‘Early’ Knot: A Review Of Causes For Child Marriage","authors":"Sanya Darakhshan Kishwar","doi":"10.17561/tahrj.v19.7228","DOIUrl":"https://doi.org/10.17561/tahrj.v19.7228","url":null,"abstract":"Child marriage is an ever-persisting human rights issue that has been addressed multiple times. However, despite the existing international frameworks and theoretical deliberation, the practice still continues to thrive across the globe. This presents suitable ground for a review of the causes of child marriage. This paper reviews such causes in two parts, the first being a review of the existing international framework, followed by a review of factors that lead to child marriage. Additionally, the paper attempts at presenting recommendations to inhibit the causal factors.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127379771","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}