RETOS Y DESAFÍOS EN LA DETENCIÓN Y DEPORTACIÓN DE NIÑAS, NIÑOS Y ADOLESCENTES MIGRANTES MEXICANOS: DESDE LA PERSPECTIVA DE SUS DERECHOS HUMANOS

Author(s): Bueno Garcia Esteban Amado / Language(s): Spanish Issue: 3 (48)/2020

The issue of migrant girls and boys is a phenomenon that occurscontinuously at a global level and in the case of Mexican girls and boys they are not theexception, since migration is complex and multifactorial, consequently translating into aproblem that It must be addressed in social and governmental issues of the States, whomust seek protection for the human rights of these Mexican boys and girls. Those who in thefirst place are separated from the family through arrest and, at the time, their deportation; onthe other hand, there is another problem in the procedure of detention and deportation ofthis childhood. For this reason, this research seeks to carry out a study and analysis on thelegal problems that must be addressed with special attention and care. Since Mexicanmigrant girls and boys are in a vulnerable situation when their fundamental rights areviolated, it is important to approach this study with the observance and application of theprinciple of the best interests of the child and their human rights. Therefore, the irregularimmigration status of the children of Mexico who are in the United States is a moot point andthat under these conditions many of them are deported for not complying with the legal andadministrative requirements established by United States law to the permanence in thatcountry; therefore, we consider that the primary objective of this research is to create a legalmechanism between the United Mexican States and the United States of America in order toprovide every child with the protection benefits established in international instruments underthe principle of interest. superior of the child and their human rights, regardless of irregularimmigration status, because an internal migration policy of the United States of Americacannot and should not be above international regulations.

LIBERTES FONDAMENTALES ET DROIT EN TUNISIE À L’EPREUVE D’UNE PANDEMIE, « COVID-19 »

Author(s): Abdmouleh Maher / Language(s): French Issue: 3 (48)/2020

Restrictions on fundamental freedoms represent an ontological issue which hasalways been a subject of controversy at the social, legal and political level, even in the mostdemocratic countries. However, restrictions on civil liberties become greater during health crisesand pandemics, such as the COVID-19 crisis, as stringent measures are taken by governments tofight the disease outbreak. The situation in a developing country like Tunisia, where dictatorship hasjust come to an end, has become more complex and problematic than ever before, mainly becausethe national human rights commissions do not have a steady and stable activity and the economicsituation is so difficult that it is quite hard to impose a lockdown without curbing freedoms.

COMATERNIDAD / COPATERNIDAD LA FAMILIA HOMOPARENTAL LA REALIDAD JURÍDICA DE SUS DERECHOS HUMANOS

Author(s): Oscar Samario Hernández / Language(s): Spanish Issue: 4 (49)/2020

Establishing from the beginning for this study the analysis of the catalog ofHuman Rights that do not admit discrimination as they are; gender, sexual preferences andmarital status, it must be admitted that the homoparental family is a socio-legal reality, itupdates various legal concepts among which filiation, family, non-discrimination, identity standout, in the international context of Interest Superior of the Child. The legal affiliation that arisesfrom the homoparental family is Comaternity and / or Co-parenthood, as the right toprocreation, raising children, in marriage and towards the family. This study will review theinternational, national and local legislation on the matter and will discuss in a criticalpropositional attitude regarding the controversies in order to contribute to the reflection aboutthe legal disharmonization in the country and its regions, a fact that, as we will see, legallyviolates individuals, families and communities. The Federal Court issued the sentence thatallows the homoparental marriage to obtain the civil registration in the State of Morelos,Mexico, this resolution marks a legal precedent and thus obliges the authority of the CivilRegistry based in Cuernavaca, Morelos, the duty to issue the Birth Certificate under theconstitutional principles of Human Rights and its correspondence in Private International Law.

ENVIRONMENTAL PROTECTION DERIVED FROM THE EUROPEAN CONVENTION FOR HUMAN RIGHTS AND FROM THE EUROPEAN SOCIAL CHARTER

Author(s): Marta-Claudia Cliza,Laura-Cristiana Spătaru-Negură / Language(s): English Issue: 2/2020

The present study started from our wish to present to the large audience the case-law of the European Court of Human Rights and of the European Committee of Social Rights regarding the environment protection. Although the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the revised European Social Charter do not expressly guarantee a right to a sound, quiet and healthy environment, both instruments offer a certain degree of protection with regard to environmental matters, as we shall demonstrate within the present study with the evolving case-law in this area. As regards the reason why we have chosen for this research both instruments, note should be made with regards to the fact that the European Social Charter completes the Convention for the Protection of Human Rights and Fundamental Freedoms, and should be interpreted as creating fundamental economic, social and cultural rights. Although contested sometimes, because of its construction, as having a limited purpose, different than the Convention for the Protection of Human Rights and Fundamental Freedoms, we consider that it was conceived like this in order to offer flexibility, giving the chance to the States to choose the rights they will guarantee. We consider that disseminating the case law of both international bodies would contribute to strengthen environmental protection at the national level.

O nouă abordare a drepturilor fundamentale ale omului

Author(s): Octavian Mircea Chesaru / Language(s): Romanian Issue: 2/2012

Human rights protection has evolved in accordance with humanity's patterns of evolution and involution, from gruesome times to flourishing ones and vice versa. Nowadays we are confronted with a global scenery divided by serious crises which affect human rights due to the ill-will or the negligence of certain individuals. Because of this, human rights should be analyzed with a different approach. This new approach implies interconnecting the human rights discipline with the major types of crises that are likely to affect these rights.

Aplicarea art. 2 şi 3 din Convenţia Europeană a Drepturilor Omului şi situaţiile speciale

Author(s): Tudor Grigoraș / Language(s): Romanian Issue: 3/2012

On the general background of strengthening the fight against national and international terrorism, the European Court of Human Rights nevertheless fully complied with its role of the “Convention’s Guardian” and sanctioned the violations of the right to life or the right of not being subject to torture, inhuman or degrading treatments, even though the victims of such violations were persons who, by their crimes, had violated the very basic principles of respecting the right to life and physical and mental integrity of their fellow human beings.

Aspecte ale codificării în domeniul drepturilor omului

Author(s): Irina Zlătescu / Language(s): Romanian Issue: 4/2012

Codification was considered the invention of an old era with no future. The development of society however has proved that it keeps its relevance even nowadays. Thus, at present, national codification goes side-by-side with international codification. A new field where it imposed itself is that of human rights.

EL IMPACTO DE LA CRISIS ECONÓMICA DERIVADA DE LA COVID-19 EN LOS MODELOS DE TRABAJO. RETOS Y REFORMAS PENDIENTES

Author(s): González Rabanal Miryam / Language(s): Spanish Issue: 1 (50)/2021

The pandemic has caused a great impact on economies around the world towhich it has been very difficult to react with some serenity and reflection. The political decisionsadopted, apparently based on health recommendations, have generated far-reaching economiceffects that have yet to be quantified and have required adaptations in record time to theprevailing forms of work in both the public and private sectors. One of the fundamentaldifferences compared to previous crises such as that of 2007-13 is that the causes of the Covid-19 crisis are known, although its consequences have not yet been accurately determined. Thisdifferential feature has the advantage that it allows governments to adopt measures to remedy itand to try to be prepared for what may come in the immediate future. This not only from thehealth point of view, which is obvious, but from the economic and labor market perspective too. Inpractical terms, if the lesson is assimilated and what has been learned is put into practice, it willbe possible to avoid making the same mistakes to solve a similar situacion. This should be themessage to try to temper both the sanitary and economic effects of the second wave of thepandemic, in whose frontispiece we seem to find ourselves. Although the 2008 crisis alreadyrevealed extraordinary weaknesses in the Spanish economy, its very strong dependence onconstruction (the so called the real estate boom) and the fragility of job stability in this "drag"sector of the economy, it has again been the real estate sector one of the most affected by the2019 crisis. We have learned little and, what is worse, few adjustments have been made in theSpanish production model since then. The same can be preached about tourism. Spain has beenfor decades a power in this sense, competing for the top positions in the world ranking withcountries such as France or the United States. It is true that the previous crisis also seriouslyharmed this sector, but far from modernizing and restructuring its production model, our countryhas lived off the income derived from the political instability of other rival states that have seentheir potential visitors heading towards our territory as a consequence of the instability of theirpolitical regimes as a result of the so-called “Arab Spring”. What no one can deny is that we arefacing an economic and labor crisis of which we still do not know the consequences and theduration. This is one of the first differences with respect to what happened a little over 10 yearsago when certain imbalances could be visualized based mainly on an excess of debt -both publicand private- mainly due to uncontrolled domestic demand, especially in Spain, but which no onewas able to predict exactly. To try to clarify some of these issues in order to design futurestrategies for economic recovery, the following is a set of data provided by official sources andprivate organizations trying to measure the effects of the pandemic on economic aggregates andthe labor market, as well as some personal reflections on the changes experienced in theeconomic model and those that are expected to occur, as a result of labor market adjustments, inthe most immediate future.

The galaxy of knowledge and sustainable development

Author(s): Ioan Voicu,Florina Voicu / Language(s): English Issue: 4/2015

The article includes a brief analysis of the global education system from the perspective of the relevant provisions included in the programmatic document entitled ”Transforming our World: the 2030 Agenda for Sustainable Development”, adopted by the UN Summit on 25 September 2015, as well as in the light of the latest UNESCO recommendations aimed at ensuring education a priority in the knowledge galaxy. Following a series of preliminary observations, significant aspects and data on the relatively modest results of the global implementation of the UN and UNESCO recommendations on education are presented, summarizing the ambitious goals set in this area for 2030, highlighting the contribution of educators in materializing these objectives, in accordance with the fundamental rights to education and development. In this context, the vital importance of reforms and proper coordination in all education sectors is emphasized. At the end of the article, are highlighted the latest positions expressed by UNESCO in relation to future priority actions to endow education with the transformative force it must exert in the global process of sustainable development.

Respectarea drepturilor economice, sociale și culturale în noul deceniu

Author(s): Irina Zlătescu / Language(s): Romanian Issue: 1/2011

The true history of human rights at international level is considered to start with the Universal Declaration of Human Rights. Another important moment in the development of these rights was the adoption, in 1966, of the two Covenants for the implementation of the Declaration. Unfortunately, however, the economic, social and cultural rights were not viewed on equal terms with the civil and political rights. While the International Covenant on Civil and Political Rights establishes an instrument for the promotion and protection of these rights, that is, the Human Rights Committee, the International Covenant on Economic, Social and Cultural Rights is lacking such a provision. At regional, European level, the European Social Charter and the European Social Charter revised are very important instruments for the protection of these rights. However, the absence of a genuine control mechanism resulted, in time, in a weaker vigilance on behalf of the international community in terms of the economic, social and cultural rights as compared to the civil and political ones.

Categorii de drepturi lingvistice ale minorităților și domeniile de aplicare ale acestora în documentele de drept internațional public

Author(s): Silvia Iorgulescu / Language(s): Romanian Issue: 2/2020

The field of linguistic rights of minorities is a complex one, not only because the domain is at the intersection of several disciplines (human rights, sociolinguistic research, macro, meso and micro public policies), but also because its levels of implementation are numerous and multilayered.In order to be able to understand these areas and levels of concrete implementation, it is necessary to first identify the connections between the abstract meaning of linguistic policies – with its various levels of action – and their actual application, as transposed in the form of rights. A connection that can be highlighted by exemplifications of linguistic human rights included in documents of public international law. Based on those documents, one can outline the mentioned key areas of application: freedom of expression; religion; education; representative organizations of minorities; media; public administration and services; justice and judicial proceedings.

Promovarea eficientă a Declarației ONU cu privire la drepturile persoanelor aparținând minorităților naționale sau etnice, religioase și lingvistice - Raport al Raportorului Special al ONU privind problemele minorităților (ONU, 2020)

Author(s): Adina – Maria Nikolić / Language(s): Romanian Issue: 2/2020

In the analyzed report, the Special Rapporteur on minority issues, Fernand de Varennes, briefly presents his activities in 2019 and 2020 to the General Assembly, highlighting the continuous work on the thematic priorities of statelessness, education and minority languages, hate speech targeting minorities in social media, as well as initiatives on a regional approach to minority issues, with a focus on the aspects of education, language and minority rights. The report also provides a thematic study on the significance and scope of the four categories of minorities – national or ethnic, religious and linguistic – tackling aspects of history, United Nations mechanisms and entities, approaches and views of the Member States, civil society organizations, minorities and other stakeholders. The Special Rapporteur concludes his report by making recommendations to guide the activities of his mandate in the field of human rights of persons belonging to minorities and to ensure a consistency in approaches regarding the categories of beneficiaries under the United Nations minority rights system.

ESTE FERICIREA UN DREPT?

Author(s): Agata Mihaela Popescu / Language(s): Romanian Issue: 44/2020

Happiness should be a state of physical and mental comfort, not just a succession of pleasures. Pleasure is not equivalent to happiness. The ancients said that he who knows the causes of things is happy (Felix qui potuit rerum cognoscere causas, Veirgilius). The pleasure of knowledge. Which is more mute than a satisfaction, more than a possession. And even more dumb than a right. Even for the simple reason that the process of knowledge is, perhaps, the only freedom that, although sometimes restricted or limited, is a direct part of the human being, is the being of being, is diving into the ocean of the unknowable infinity, to reveal its depths and identify its shores. and what exists beyond them. Of course, this is not a right. It is only a reality that the rule of law, under the pretext of protection, often restricts. Because law, although it synthesizes a reality in norms, in order to ensure its perfection and duration, often takes it away from its own essence. It is also the case of happiness.

CRITICI CU PRIVIRE LA RESTRÂNGEREA EXERCIȚIULUI DREPTURILOR ȘI LIBERTĂȚILOR FUNDAMENTALE ALE CETĂȚENILOR ROMÂNI ÎN PERIOADA STĂRII DE URGENȚĂ

Author(s): Ana-Daniela Bobaru / Language(s): English,Romanian Issue: 2/2020

This article is a reflection on the normative framework that regulates the restriction of the exercise of fundamental rights and freedoms during the state of emergency in Romania and shows in a critical way the constitutional conflicts generated by the application of normative acts incident to this exceptional situation.

UNELE ASPECTE PRIVIND RESPECTUL VIEŢII PRIVATE SI AL DEMNITĂȚII PERSOANEI UMANE

Author(s): Elena-Andreea Ionașcu / Language(s): English,Romanian Issue: 2/2020

The protection of privacy in the context of today's society is a phenomenon, we can say, recently because privacy has become more and more at least a feature of contemporary civilization. In a democratic society, each person has two lives: his public life and his private life. However, when we pay attention and protection to privacy, we must delimit it from public life.

Youth rights between aspirations and realities

Author(s): Ioan Voicu,Florina Dorina Voicu / Language(s): English Issue: 1/2011

The authors deal with the rights and aspirations of the young generation from a universalistic approach. The challenges that young people are facing in our days are not limited to unemployment, drug abuse, crime, AIDS, limited access to education and resources, lack of opportunities to contribute to the development process. Many other dramatic realities are added to all of those. Finding appropriate solutions to the many specific problems of the young generation is a particularly relevant goal in the context of the International Year of Youth, inaugurated on 12 August 2010, with the theme "Dialogue and Mutual Understanding".

Towards the universality of the right to development

Author(s): Ioan Voicu / Language(s): English Issue: 4/2011

The article is devoted to a brief analysis of the complex process of universalisation of the right to development proclaimed by the United Nations in the "Declaration on the Right to Development", adopted by the UN General Assembly by resolution 41/128 of 4 December 1986. The right to development belongs to the third generation of human rights, and its universal character has been reaffirmed in numerous human rights documents. Strictly speaking, the right to development was first proclaimed at the regional level in 1981 in the African Charter on Human and Peoples' Rights. The concept of the right to development continues to be controversial, despite the efforts of the Human Rights Council to reach a consensus that the right to development must be recognised as a universal and inalienable right, an integral part of fundamental human rights. Underdevelopment cannot be invoked to justify the limitation of human rights. States should cooperate to remove obstacles to development. Referring to the position of the Member States of the Non-Alignment Movement, which is strongly in favour of drafting a document of legal value on the right to development, as well as the current state of debate on this issue in the Human Rights Council and other international fora, the article highlights the difficulties in codification of this right, as well as the potential solutions envisaged, in the event that this right would refer to sustainable development, a topic of particular significance in the context of the preparations for the Rio+20 Conference in June 2012. This conference could give a new impetus for intensifying negotiations aimed at reaching a real consensus on the universality of the right to development.

Un sistem instituţional pentru protecţia drepturilor omului la nivel european

Author(s): Irina Zlătescu / Language(s): Romanian Issue: 3/2010

Convenția internațională cu privire la drepturile copilului – 20 de ani de la adoptare

Author(s): Irina Zlătescu / Language(s): Romanian Issue: 3/2009

The study, devoted to the rights of the child topic at the 20 the anniversary of the United Nations Convention, shows the main moments with the development of the protection of the rights of the child, at universal and regional, European, levels, from the legal and the institutional framework down to present orientations, ways of action, strategies and significant programmes. On examining this evolution, as well as the real situation of children, a vulnerable category in general and particularly under the circumstances of the economic crisis, the author concludes that, despite the progress achieved so far, the protection of the rights of the child still has a long way to go, which implies the need for massive, constant and conjugated efforts.

Diplomația și drepturile omului

Author(s): Ioan V. Maxim / Language(s): Romanian Issue: 3/2009

Human rights are a central issue with international relations. The importance that has to be attached to human rights in the diplomatic activity comes out not only from the norms, the principles and the values assumed by the international community, but also from the commitments assumed by the States in accordance with the international law. The author largely refers to the conclusions of a study made by the French National Consultative Commission on Human Rights, including the necessity that human rights issues be promoted dynamically by means of diplomacy, as well as the necessity that a French Institute of Human Rights be established which, through its research work, could offer substantial assistance to diplomacy, both at bilateral level and in the framework of international organizations.