The Struggle for the Human Right to a Good Life for Everyone: Oscar Correas’s Legacy for the Crítica Jurídica Movement in Latin America

2021 ◽  
pp. 096466392199969
Author(s):  
Mauro Cristeche ◽  
Cesar Villena
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Good Life ◽  
Special Focus ◽  
Critical Perspective ◽  
Human Right ◽  
Critical Studies ◽  
The Law

Oscar Correas has been one of the promoters and main references of the Crítica Jurídica movement in Latin America due to his theoretical contributions and his permanent activism to develop the movement. In this paper, we firstly review his vast academic and intellectual career, and then we go through and analyse some of Correas’s main contributions to the study of the law and the Marxist thought. Special focus will be given to: (a) his approach to Marx’s works and its extension to the analysis of modern law; (b) his understanding of Hans Kelsen’s theory; and (c) Correas’s critical contributions to the debate on human rights. We aim to highlight the originality and wit of Oscar Correas’s work, and its importance for the development of the legal critical studies and debates on legal and human rights challenges from a critical perspective.

A Critique of the Status Function Account of Human Rights

2018 ◽  
Vol 48 (5) ◽  
pp. 463-473 ◽  
Author(s):  
Åsa Burman
Keyword(s):  
Human Rights ◽  
Free Speech ◽  
John Searle ◽  
Human Right ◽  
The Status ◽  
The Law

This contradiction ”1. The universal right to free speech did not exist before the European Enlightenment, at which time it came into existence. 2. The universal right to free speech has always existed, but this right was recognized only at the time of the European Enlightenment.” (Searle) draws on two common and conflicting intuitions: The human right to free speech exists because institutions, or the law, says so. In contrast, the human right to free speech can exist independently of institutions—these institutions simply recognize a right we already have. John Searle argues that his status function account of human rights can preserve both intuitions by showing that the inconsistency between (1) and (2) is merely apparent. I argue that this solution works for tokens of human rights but not for types, while the contradiction concerns types. Hence, the status function account of human rights fails to preserve both intuitions.

scholarly journals Humans: The Biggest Barrier to Realising Human Rights - A South African Perspective

2020 ◽  
Author(s):  
Erika Serfontein
Keyword(s):  
Human Rights ◽  
South African ◽  
Legal Protection ◽  
Well Being ◽  
Human Behaviour ◽  
Individual Autonomy ◽  
International Human Rights Law ◽  
Human Right ◽  
Legal Principles ◽  
The Law

In demarcating the law, human rights, and human behaviour, the objective is to explore the tension between safeguarding human rights and promoting individual autonomy. While international human rights law signifies the potential of creating dignified life experiences, the behaviour of humans, and, specifically, of those in government incited my focus on the effect of human behaviour on the realizsation of human rights. By studying human rights through a philosophical lens, a (a) conceptual clarification of human rights is provided, (b) the most prominent human rights are identified, (c) general and specific justifications of human rights discussed, and (d) the normative implications of human right claims explored. Focus is placed on South Africa although the value and potential generalisation generalization of the data for evaluating the effectiveness of human rights in achieving their social goal globally, are acknowledged. Reviewing literature, an overview is provided of the law and human rights; the different dimensions of human rights; and human behaviour. Persistent human rights violations, albeit legal protection, are delineated and the significant role played by human behaviour during such violations are highlighted. Given that human behaviour is influenced by various ethical, social, and legal principles, governments are urged to be mindful of the well-being of the humans they are ethically and legally obliged to serve.

scholarly journals Chemical Castration: Limiting an Absolute Human Right

2020 ◽  
Vol 3 (2) ◽  
pp. 201
Author(s):  
Louisa Elsie Heathcote
Keyword(s):  
Human Rights ◽  
Sex Offenders ◽  
Child Protection ◽  
Government Regulation ◽  
Political Rights ◽  
Human Right ◽  
Chemical Castration ◽  
History Of ◽  
The Law ◽  
Human Rights Violation

In 2016, the Indonesian government enacted Government Regulation in Lieu of Law Number 1 of the year 2016, adapted into Law number 17 of the year 2016. This regulation introduces chemical castration as a criminal sanction for child sex offenders, spurring human rights concerns. This article aims to assess whether chemical castration constitutes cruel, inhuman, or degrading treatment from the perspective of Article 7 of the International Covenant on Civil and Political Rights and whether such a human rights violation can be justified. This article employs the normative research method, studying principles of law, systems of law, the synchronization of the law, the history of the law and policies, and laws in comparison to one another. The article bases its findings on laws, books, journals, judgments, and other documents.This article finds that firstly, chemical castration constitutes cruel, degrading, or inhuman treatment and secondly, that such a violation can be justified according to the limitations of human rights. The significance of this article is the basis for the increased limitation of human rights to advance the cause of child protection.

scholarly journals Human Rights and Financial Institutions: Pinning the Responsibility

2013 ◽  
pp. 116-128
Author(s):  
Nidhi Modani
Keyword(s):  
Human Rights ◽  
World Bank ◽  
Financial Institutions ◽  
Developing Nations ◽  
Special Focus ◽  
International Financial Institutions ◽  
Human Right ◽  
The World Bank ◽  
The World ◽  
The International Monetary Fund

This paper is a study of the possible human right obligations of international financial institutions. As financial institutions have not been looked upon as agencies influencing or influenced by human rights, this study becomes significant. The study is limited to international financial institutions, with a special focus on the World Bank (hereinafter ‘Bank’) and the International Monetary Fund (hereinafter ‘Fund’ or ‘IMF’). 2 Further, there is a special focus on developing nations.3

Femicidio and Feminicidio Laws in Latin America

2020 ◽  
Author(s):  
Pamela Neumann
Keyword(s):  
Human Rights ◽  
Latin America ◽  
The State ◽  
Gender Violence ◽  
Legal Activism ◽  
Role Of The State ◽  
Mexican State ◽  
The Law ◽  
Precise Content

Femicidio refers to the murder of a woman because of her gender. Feminicidio emphasizes the role of the state in enabling these crimes and the impunity with which they are treated. Feminist legal activism and the development of supranational and regional human rights instruments throughout the 1990s and 2000s were essential to the development of femicidio/feminicidio laws across Latin America. As of 2018, such laws were in effect in 18 countries across the region. However, the precise content and scope of laws criminalizing femicidio/feminicidio vary. For example, in the case of Mexico, transnational feminist legal activism, including a case brought before the Inter-American Human Rights Court, was essential to shaming the Mexican state into codifying feminicidio. This process was facilitated by the presence of feminist legislators within the Mexican legislature, who advocated for such legislation. In the case of Nicaragua and Peru, local feminist advocacy and copious documentation of the scope of the problem of femicidio/feminicidio proved more significant in the ultimate codification of femicidio/feminicidio. However, the legal advances against gender violence achieved in Nicaragua in 2012 were subsequently undone due to pressure from men’s rights and religious conservatives, leading to the weak implementation of the law criminalizing femicidio.

Human Rights and Public Health Ethics

2019 ◽  
pp. 46-56
Author(s):  
S. Matthew Liao
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Good Life ◽  
Basic Education ◽  
Public Health Ethics ◽  
Moral Justification ◽  
Human Right ◽  
Basic Health ◽  
Health Ethics ◽  
The Right

This chapter relates human rights to public health ethics and policies by discussing the nature and moral justification of human rights generally, and the right to health in particular. Which features of humanity ground human rights? To answer this question, as an alternative to agency and capabilities approaches, the chapter offers the “fundamental conditions approach,” according to which human rights protect the fundamental conditions for pursuing a good life. The fundamental conditions approach identifies “basic health”—the adequate functioning of the various parts of our organism needed for the development and exercise of the fundamental capacities—as the object of a human right. A human right to basic health entails human rights to the essential resources for promoting and maintaining basic health, including adequate nutrition, basic health care, and basic education. Dutybearers include every able person in appropriate circumstances, as well as governments and government agencies, private philanthropic foundations, and transnational corporations.

Contours of an Indigenous Peoples’ Right to Water in Latin America under International Law

2012 ◽  
Vol 1 (2) ◽  
pp. 211-236 ◽  
Author(s):  
Marco Parriciatu ◽  
Francesco Sindico
Keyword(s):  
Human Rights ◽  
Latin America ◽  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Latin American ◽  
Human Right ◽  
Customary Laws ◽  
The One ◽  
Definition Of

This article critically assesses the nature and the content of a possible human right to water for Indigenous People in the Latin American context. On the one hand, after introducing the deliberately unclear definition of Indigenous People, the article considers that a human right to water is embedded in Indigenous Peoples’ customary laws, which, according to legal pluralism, are to be considered as a legitimate source of law. The article then moves to the content of a possible human right to water for Indigenous People in the Latin American context. The importance of the jurisprudence of the Inter American Court of Human Rights is highlighted, and the obligation for States to consult with Indigenous People when dealing with their water resources is hailed as one of the key elements of a human right to water.

scholarly journals Issues in separation of criminal procedural functions

2018 ◽  
Vol 40 ◽  
pp. 01010 ◽  
Author(s):  
S. Kaija
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Special Focus ◽  
Criminal Proceedings ◽  
Criminal Procedure Law ◽  
The Law ◽  
Insight Into

The term ‘criminal procedural function’. has historically been used by scientists. In order to identify primary issues in procedural functions, the competition principle was analyzed. This strengthened such important issues as separation of prosecution and court functions, parties’ equality, independence of courts etc. Therefore, the concept of three concept functions – prosecution, defence and adjudication - was developed in criminal proceedings. In the context of the Criminal Procedure Law having taking effect, this term was included into the law, including the principle of separation of criminal procedural functions. The aim of this paper is to offer the insight into interpretation of the concept of the criminal procedural function with the special focus on specific issues in function separation. Section 17 of Criminal Procedure Law determines the function of control of restrictions of human rights in a pre-trail. The functions of prosecution, defence and adjudication do not determine their priority over all other criminal procedural functions. These functions are claimed to be separate and therefore cannot be applied to the same person. This paper examines the equivalence of procedural functions as one of the most fair of the court elements. In the end, key conclusions are summarized.

A Case-Law Study of the Truth as Human Right

Global Jurist ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Luis Castillo-Córdova ◽  
Susana Mosquera-Monelos
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Focus Attention ◽  
Human Right ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Recognition ◽  
Human Good ◽  
The Law ◽  
The Right

AbstractWe consider the right to the truth an essential human right that should be recognized and guaranteed by the Law. Allowing all humans access to the truth is a human good permitting the achievement of a higher degree of human perfection and realization and, consequently, there are strong reasons to affirm that the Law should recognize and guarantee as much as possible access to the truth. Considering that it has been the international recognition of the right to the truth which has provided the basis for domestic regulations it is logical that we should focus attention on the international sphere of human rights protection and it is for this reason that we have carried out a case-law method investigation to describe the concept of “the right to the truth”.

scholarly journals Dismissal of KPK Employees from Legal Positivism and Alternative Solutions

2021 ◽  
pp. 175
Author(s):  
Dominikus Dalu Sogen ◽  
Dewa Ayu Putri Asvini ◽  
Detty Kristiana Widayat
Keyword(s):  
Human Rights ◽  
Legal Theory ◽  
Legal Positivism ◽  
Constitutional Court ◽  
Human Right ◽  
The Public ◽  
Positive Law ◽  
The People ◽  
National Human ◽  
The Law

Studying the philosophy of law means studying various schools of law. Amongst the variety of legal theories, there are adherents of legal positivism or the positive legal theory postulated by John Austin (a philosopher whose thoughts on law are outlined in a work entitled The Province of Jurisprudence Determined 1832). Are Austin's thoughts still relevant for the practice of law inthe modern era, considering that law is made for the public interest? Is it appropriate for the law to be made by authorities (superior) to bind subordinates (inferior), whereas the people are only in a position to obey the law? In a functioning democracy public participation is important in decision-making by the elected legislators. Presumably, law is not made arbitrarily or unilaterally, but it is supposed to take into account the interest of the public or the interest of the groups it is designed to address. A prominent example currently in the public spotlight isthe dismissal of 57 Corruption Eradication Commission (KPK) employees due to their stated ineligibility following their failure to pass the National Insight Test Assessment. For this matter, a judicial review (JR) has been requested from the Constitutional Court and the Supreme Court who in the meantime have published their decisions. In addition, there have been recommendations from the National Human Rights Commission (Komnas HAM) and the Indonesian Ombudsman regarding the occurrence of human rights violations and maladministration in the transfer of KPK employees to ASN. Where JR's decision by the two judicial institutions is different from what is recommended by Human Right Commission and the Indonesian Ombudsman. Here it can be seen that there are differences in the application of the law with the positive law that applies and is detrimental to the rights of KPK employees.

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