Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The article describes the Labor Code salary’s protection and regulation, and compares it with the Decree 943 that contains a labor and training statute for prison labor. The comparison is made with the purpose of showing the inequality of both regimes, to the detriment of the workers deprived of freedom, and the human right violations (from both constitutional and international human rights law) produced by this inequality.

This article analyzes the inhibitory effect that the definition of criminal offences of libel and slander has on the exercise of freedom of expression in our country. The central role that freedom of expression fulfills in a democratic society contrasts with the deficient compatibility that these criminal types make between the protection of reputation – specially of public persons – and the legitimate exercise of free speech. In this way, the strategic treatment of these criminal offenses has transformed them into true institutions that inhibit the exercise of the right to inform and therefore to be informed.

This article analyzes the normative content of the human right to live in a healthy environment, based on the analysis of Advisory Opinion 23/17 of the Inter-American Human Rights Court. The Court conceives this right, from an anthropocentric perspective, as an autonomous human right, and establishes its relations withother rights, in addition to analyzing its structure as a human right, associating it with preventive and precautionary duties. On the other hand, the recognition of this right requires specific mechanisms to guarantee its full exercise, among which are access to information, public participation in environmental decision making and access to en-vironmental justice (the so-called “access rights”), which are contained in the Escazú Agreement.

The article values the American Declaration on the Rights and Duties of Man and the American Convention on Human Rights as the political, legal and institutional basis on which the Inter-American Human Rights System rests, which has served as a guide to American law in evolution from greater interaction between the national and international levels. It points out the problem of the lack of compliance and total execution of the judgments of the Inter-American Court as one of the current challenges of the Inter-American System. To do so, it visualizes opportunities in the process of reform initiated at the European level, such as strengthening shared responsibility to overcome the problems of effectiveness in compliance with judgments, adopting a subsidiarity mechanism that allows States to have a certain amount of freedom in adopt measures of reparation that adjust to national realities, as well as strengthen the national capacity to execute sentences with the issuance of specific laws.

This article pursues to review different critics, both theoretical and practical, towards the international human rights system from an intersectional perspective, considering gender, racial and non western approaches. Many aspects and stages of human rights will be analyzed, showing that while there are current issues regarding human rights as a practical project, there also are many inherent issues regarding its narrative itself. This will be illustrated by revising some particular cases in which international agencies that are part of the international human rights system have acted against what human rights, in theory, promote. It is concluded that it is strictly necessary to reevaluate the grounds of the international human rights system as a whole, otherwise human rights will keep availing and legitimizing the status quo, not helping the ones who need them the most, because current world issues are a logical consequence of the way the system was (and is) structured. 

The immunity of jurisdiction of International Organizations has been based on various theories Law, which are usually grouped in the absolute thesis, the relative thesis and the functional thesis. These theories have not been sufficient to respond to the current judicial problems in which international organizations have been involved in various countries of the world. As a result of this, several specialists of great prestige have delivered countless ideas to face these new problems. Also, various courts have been building new theses that respond to the current international reality in which these organizations are moving. Today it might be possible to build a new thesis from the perspective of the legal doctrine of Public International Law. Indeed, some international and national courts of different countries have faced this issue from a different perspective, according to a theory that could be called the principle of quid pro quo (or reciprocity). The authors of this paper seek to show these new judicial tendencies and reason about them.

On January 30, 2017, the Argentine Executive Branch issued a Decree of Necessity and Urgency 70/PEN/17, modifying the Migration Law (Law 25,871), considered a model in terms of guarantee of human rights of migrants. In response, civil society organizations responded by submitting a collective amparo injunction, in whose appeal they resolved its constitutional disability. Today, migrants in Argentina await the pronouncement of the Supreme Court of Justice of the Nation. Beyond the material foundations for its promulgation (widely questioned), the rule introduces numerous modifications to the procedures established in the Migration Law, which imply a setback in the access to the rights of the migrants in Argentina. Of particular interest are the vicissitudes in the context of the expulsion proceedings, now of a very summary nature, and their impact on the respect and guarantees without discrimination of the rights established in the American Convention on Human Rights, right to due process (Article 8) and right of access to justice (Article 25) of the affected migrants.

The paper analyzes the conceptualization of access to justice as a right, the implications of applying a gender approach to its understanding, the international standards about this topic and the role of constitutional justice to ensure them in the national level. To this end, recent Peruvian and Colombian constitutional rulings in cases of violence against women are analyzed in order to determine if constitutional processes, in both countries, are a way for internal control of good quality international standards in the right of access to justice in cases of violence against women.

Migrants have been constantly victims of discrimination, especially in these times. An example of these is the regressive legislation on migrants’ rights adopted by Argentina, criminalizing them for the mere fact of being a migrant. However, this is not a new phenomenon in Argentina, it has been brewing for decades until it became written in a Necessity and Urgency Decree of dubious constitutionality and conventionality, as well as a series of public policies that put migrants in the crosshairs,as the «scapegoat» that must be expelled. From a human rights perspective, it could be affirmed that there are currently policies of persecution against migrants with active attitudes of the State, including the enactment of discriminatory regulations. In this sense, the article will focus on defining what is the meaning, from the Inter-American System for the Protection of Human Rights perspective, of structural discriminationand will analyzing Argentinean public policies related to migration, under the prism of that type of discrimination, in order to identify if we can affirm that there is structural discrimination against migrants in Argentina.

The promises of equality, freedom and solidarity remain unfulfilled for half of humanity, for the excluded, those on the margins: women. How do we change that reality? Although the Law has responded to the rights of women, concretizing those universally consecrated, its incorporation has not been enough to fulfill the promises ofmodernity. That’s why this article analyzes the incorporation of the gender category in judgments, with gender mainstreaming as a technique with which to deal with the inequalities between men and women and the discrimination of the last. From that point of analysis, it will go on to refer to the implications that the incorporation of the gender perspective has had in the judgments by the Inter-American Court of Human Rights, grouped in three contributions that we want to highlight and in a decision of the Chilean Supreme Court that incorporates and develops this category