El derecho al medio ambiente sano como un derecho autónomo en el sistema interamericano de derechos humanos

The Advisory Opinion of the Inter-American Court of Human Rights No. OC-23/17, of 15 November 2017, on “Environment and Human Rights” and the ruling in the case Lhaka Honhat V. Argentina of 6 February 2020, develops the content of the right to a healthy environment from an approach that we could see as ecocentric. This right, as an autonomous right, protects nature not only because of its usefulness for human beings (anthropocentric-instrumental vision), but also because of its importance for other living organisms with which the planet is shared (biocentric-not instrumental vision). This paper analyzes this new right, giving an account of the possible legal philosophical presuppositions that inform it, as well as the possible changes that this new approach may bring to the Inter-American System of Human Rights.

Los derechos culturales de los pueblos indígenas en la jurisprudencia de la Corte Interamericana de Derechos Humanos

This paper, in the first place, systematizes the jurisprudence of the Inter-American Court of Human Rights on the cultural rights of indigenous peoples. Second, it analyzes the impact that the culture of indigenous peoples has on the interpretation of a set of rights associated with the American Convention on Human Rights. Third, the work proposes a classification of the jurisprudence on the cultural rights of indigenous peoples. Finally, some conclusions are presented.

Protección a la vivienda en las sentencias de la Corte Interamericana de Derechos Humanos: escenarios y cumplimiento

Protection for people or social groups that do not have a home or who have it lost because of wars, internal or external displacement, violence and insecurity, require special attention from States. To address this approach, the criterion or standard established in the Inter-American System of Human Rights with respect to the protection of this right through the connection of rights will then be analyzed. The judgments could set out the standard of protection that from national governments must be afforded to people who lose their homes in these contexts and, on the other hand, the role of the State in complying with these claims, in order to conjecture the autonomous declaration of the right to housing in the judicial headquarters of the region of the Americas.

Tratados bilaterales de inversión y derechos humanos: tres posiciones desde América Latina

The purpose of this article is to analyze the way in which the signing of new bilateral investment treaties can become a self-imposed limitation by the States to their ability to comply with their human rights obligations. Therefore, the main characteristics of these agreements will be analyzed, as well as the main points of collision with the International Human Rights Law. Likewise, the possible courses of action that the States have at their disposal to try to resolve that tension will be studied, through the example of three Latin American countries: Mexico, Ecuador and Brazil.

Comentarios sobre la insularidad de La Graciosa en el nuevo Estatuto de Autonomía de Canarias

The new Statute of Autonomy of the Canary Islands has introduced a serie of interesting features acording to administrative law. The feature that this article focuses is the legal consideration of La Graciosa as an “island.” This new status must be studied in order to understand how the organisational framework of La Graciosa fits in a territorial context as peculiar as the Canary Islands. This requires a study of the system of representation and government of this island in order to equate its new status with the transfer of the appropriate autonomy which should assist it. This autonomy should be materialised in the institutionalisation of the corresponding local government administrations or the reorganisation of its relations with its other administrative levels as the Council of the neighbouring Island of Lanzarote, the Canary Islands Government, and that of the State.

Reflexiones sobre la evolución legislativa y jurídica de los derechos de las mujeres en España: desde la Segunda República hasta la actualidad

This paper delivers a detailed analysis of the key legislative and judicial developments regarding women’s rights in Spain from the Second Republic to the present. The socioeconomic and human benefits and consequences of said legislation are examined. Furthermore, a comparative analysis, from both cultural and legislative perspectives, is presented to add global context to the pertinent legislative and judicial changes.

El factum principis como técnica de equilibrio económico del contrato administrativo

The factum principis or «act of the prince» is a technique of economic equilibrium consolidated in our legal system. Since its origins it has been threatened by the strengthening of other techniques that have overshadowed it. The new Law on Public Sector Contracts circumscribes its scope of action to more precise limits than in its traditional conception but which allow doubts about its usefulness and operation to be eliminated. This figure has the opportunity to become a real option for solving problems in administrative contracting.