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Human trafficking in West Africa: An implementation assessment of international and regional normative standards 西非人口贩运:国际和区域规范标准的执行评估
The Age of Human Rights Journal Pub Date : 2022-12-19 DOI: 10.17561/tahrj.v19.6851
Daniel Ogunniyi, O. Idowu
{"title":"Human trafficking in West Africa: An implementation assessment of international and regional normative standards","authors":"Daniel Ogunniyi, O. Idowu","doi":"10.17561/tahrj.v19.6851","DOIUrl":"https://doi.org/10.17561/tahrj.v19.6851","url":null,"abstract":"It is now over 20 years since the Palermo Protocol was adopted as a global mobilisation tool to combat human trafficking. Although the Palermo Protocol has been widely ratified by all 15 states in West Africa, the implementation of the instrument in the sub-region remains unclear. Also, beyond the Palermo Protocol, a systematic assessment of other anti-trafficking mechanisms available in West Africa is non-existent. Thus, this study has two core objectives: the first is to chronicle the key anti-trafficking instruments and their relevance in West Africa, while the second aspect engages with the manner in which those norms are translated at the domestic level in three West African countries namely, Ghana, Nigeria and Senegal. The study finds that human trafficking has remained resilient both at sub-regional and domestic levels despite the legal efforts to end it. Relevant trends and implementation deficits are identified across the three states, while recommendations are offered for effective anti-trafficking governance.  ","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"62 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":"134357809","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}
引用次数: 0
Developing indigenous women´legal status in the inter-amerian law 发展土著妇女在美洲法律中的法律地位
The Age of Human Rights Journal Pub Date : 2022-12-19 DOI: 10.17561/tahrj.v19.7146
Jonatán Cruz Ángeles
{"title":"Developing indigenous women´legal status in the inter-amerian law","authors":"Jonatán Cruz Ángeles","doi":"10.17561/tahrj.v19.7146","DOIUrl":"https://doi.org/10.17561/tahrj.v19.7146","url":null,"abstract":"In this study, we begin by analysing the guiding legal principles and international standards that States must consider when developing laws, programs, and policies to protect indigenous women's human rights. Besides, we try to find out what priority issues States are trying to address. Once we establish the theoretical framework, we will review how, in practice, the Inter-American Commission and Court have examined some of the leading cases concerning the protection of the economic, social, and cultural rights of indigenous women. All this will lead us to understand the bases of indigenous women's worldview. Thus, we can propose the (de)construction of their legal status, which should suggest a necessary conquest of public spaces and conceive them as individuals, protecting their honour and recognizing their dignity.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"116 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":"116493175","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}
引用次数: 0
Constitutions, minorities and superdiversity 宪法、少数民族和超级多样性
The Age of Human Rights Journal Pub Date : 2022-12-19 DOI: 10.17561/tahrj.v19.6770
Eduardo J. Ruiz Vieytez
{"title":"Constitutions, minorities and superdiversity","authors":"Eduardo J. Ruiz Vieytez","doi":"10.17561/tahrj.v19.6770","DOIUrl":"https://doi.org/10.17561/tahrj.v19.6770","url":null,"abstract":"Superdiversity is an interesting concept that needs to be incorporated into the field of legal sciences. A comparative analysis of the European Constitutions shows that constitutional references to culturally based minorities reflect the particular political context of each country, although there is a correspondence between the categories generally employed in comparative constitutional law and those in common use in international institutions. In addition to the cultural elements that characterise minorities (language, ethnicity, religion, nationality), other identity factors such as sex (gender), physical appearance (phenotype), opinions or convictions and social or economic status are generally included in anti-discrimination provisions. However, other elements that are relevant to the idea of superdiversity, such as place of residence within an urban environment and employment status, hardly appear in the European constitutional texts. If superdiversity is implemented without calibrating it to each context it may pose a threat to the fair and appropriate treatment of traditional minorities. \u0000 ","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"23 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":"122817712","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}
引用次数: 0
Promoting the defence´s role in the preliminary investigation, a challenge in maghrebian criminal proceedings 促进辩方在初步调查中的作用，马格里布刑事诉讼中的一个挑战
The Age of Human Rights Journal Pub Date : 2022-12-19 DOI: 10.17561/tahrj.v19.7123
Anouar Hatim
{"title":"Promoting the defence´s role in the preliminary investigation, a challenge in maghrebian criminal proceedings","authors":"Anouar Hatim","doi":"10.17561/tahrj.v19.7123","DOIUrl":"https://doi.org/10.17561/tahrj.v19.7123","url":null,"abstract":"Maghrebian criminal procedures have long been based on a theory inherited from French legislation, based on the relationship between the effectiveness of police investigations and the weakening of the role of the lawyer, relying on the principles of the inquisitorial system, in particular the principle of secrecy that governs the entire preliminary phase of the trial. Through this article, the authors attempt to refute the latter theory, proving that any strengthening of the role of the lawyer during the preliminary investigation constitutes a deterrent and protection of the authorities against allegations of torture and ill-treatment, and a decisive means to guarantee the protection of the rights of the accused, and therefore, a contribution to the consecration of the efficiency of the investigations and the procedural fairness.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"18 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114113928","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}
引用次数: 0
Justiciability of Socioeconomic Rights in Nigeria and Its Critics: Does International Law Provide any Guidance? 尼日利亚社会经济权利的可诉性及其批评:国际法是否提供了指导?
The Age of Human Rights Journal Pub Date : 2022-12-19 DOI: 10.17561/tahrj.v19.7561
O. Nnamuchi
{"title":"Justiciability of Socioeconomic Rights in Nigeria and Its Critics: Does International Law Provide any Guidance?","authors":"O. Nnamuchi","doi":"10.17561/tahrj.v19.7561","DOIUrl":"https://doi.org/10.17561/tahrj.v19.7561","url":null,"abstract":"A recalcitrantly enduring polemic in the annals of human rights and constitutional law jurisprudence in Nigeria centers on whether socioeconomic rights are justiciable in the country. This burgeoning controversy is rooted not only in the balkanization of the two principal genres of human rights and their compartmentalization into distinct parts of the Constitution, namely Chapters II and IV respectively, but also in explicitly baptizing one as ‘fundamental rights’ whilst denying similar appellation to the other. Adding to this obfuscation is deafening silence on the part of the Supreme Court of Nigeria, thereby fueling the belief, in many circles, that domestic legal frameworks do not bestow recognition upon socioeconomic rights. But does this understanding represent the correct position of the law? Does international law offer any guidance? Responding to these questions is the task of this paper. Its central contention is that current reality, made more evident by international human rights law, leans toward justiciability of socioeconomic rights.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"24 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":"114245028","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}
引用次数: 0
The Standards of Protection of Trans People Elaborated by the Court of Strasbourg and their Incorporation in the Recent Spanish Legislative Proposal 斯特拉斯堡法院制定的保护跨性别者的标准及其在最近的西班牙立法提案中的纳入
The Age of Human Rights Journal Pub Date : 2022-06-23 DOI: 10.17561/tahrj.v18.7060
Silvia Romboli
{"title":"The Standards of Protection of Trans People Elaborated by the Court of Strasbourg and their Incorporation in the Recent Spanish Legislative Proposal","authors":"Silvia Romboli","doi":"10.17561/tahrj.v18.7060","DOIUrl":"https://doi.org/10.17561/tahrj.v18.7060","url":null,"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.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123513609","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}
引用次数: 0
Women´s Representation and Rights in the African Court 妇女在非洲法院的代表性和权利
The Age of Human Rights Journal Pub Date : 2022-06-23 DOI: 10.17561/tahrj.v18.6896
Lilian Chenwi
{"title":"Women´s Representation and Rights in the African Court","authors":"Lilian Chenwi","doi":"10.17561/tahrj.v18.6896","DOIUrl":"https://doi.org/10.17561/tahrj.v18.6896","url":null,"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.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"75 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116348339","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}
引用次数: 0
Hate Speech and Binary Exclusions in Europe: A Digital and Communicative Approach 欧洲的仇恨言论和二元排斥:数字和交际方法
The Age of Human Rights Journal Pub Date : 2022-06-23 DOI: 10.17561/tahrj.v18.7024
Ana Galdámez Morales
{"title":"Hate Speech and Binary Exclusions in Europe: A Digital and Communicative Approach","authors":"Ana Galdámez Morales","doi":"10.17561/tahrj.v18.7024","DOIUrl":"https://doi.org/10.17561/tahrj.v18.7024","url":null,"abstract":"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.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124346148","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}
引用次数: 0
Intersex Legal activism. United Nations on the Human Rights of Intersex People 阴阳人法律行动主义。联合国关于双性人人权的报告
The Age of Human Rights Journal Pub Date : 2022-06-23 DOI: 10.17561/tahrj.v18.7047
Luisa Winter Pereira
{"title":"Intersex Legal activism. United Nations on the Human Rights of Intersex People","authors":"Luisa Winter Pereira","doi":"10.17561/tahrj.v18.7047","DOIUrl":"https://doi.org/10.17561/tahrj.v18.7047","url":null,"abstract":"For some years now, two intersex associations, Brújula Intersex and Stop Intersex Genital Mutilation, 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.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115270174","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}
引用次数: 1
DNA Databases for Criminal Justice System: A Pathway towards Utopian or Dystopian Future? DNA数据库用于刑事司法系统:通往乌托邦还是反乌托邦未来的道路?
The Age of Human Rights Journal Pub Date : 2022-06-23 DOI: 10.17561/tahrj.v18.6592
Rahime Erbaș
{"title":"DNA Databases for Criminal Justice System: A Pathway towards Utopian or Dystopian Future?","authors":"Rahime Erbaș","doi":"10.17561/tahrj.v18.6592","DOIUrl":"https://doi.org/10.17561/tahrj.v18.6592","url":null,"abstract":"Abstract:  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 the modus operandi 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).  Whether databases established for criminal justice system serve for dystopian.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130776582","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}
引用次数: 0
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