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

One of the main rights of the victims is the comprehensive reparation of the damage. Laws have been developed, mainly by organizations for the protection of human rights and victims groups, but its application in the domestic sphere has not been able to materialize. There is a clear breach of reparation measures by the authorities, as well as an absence of these measures in recommendations and resolutions of local bodies.The objective of this text is to indicate generalities about the development and standards of reparation for damage as well as to exemplify, with the case of the Human Rights Commission of the State of Coahuila, the inclusion of reparation measures in the recommendations issued by said body.

On February 20, 2019, the Mexican Constitutional Electoral Court resolved the lawsuit for the protection of the political-electoral rights of the citizen (JDC) SUP-JDC-352/2019 and accumulated, action presented by Human Persons identified as “Actors” Guadalupe Gómez Hernández and Marcos Ruiz López. From an evolutionary interpretation, the Constitutional Court recognized the inexistence of any mechanism that will guarantee active voting to people in preventive detention. Jurisdictional decision of erga omnes effects, which, on the one hand, obliges the electoral administrative authority to implement the pilot test “People in Pretrial Detention”. On the other hand, it orders to give a view to the federal and local permanent Constituent respectively, in order to assess constitutional and legal changes in the matter.

The phenomenon of corruption and its links with human rights is an issue that has been acquiring great relevance for human rights protection organizations in the inter-American system. In his study, we analyzed the Inter-American Commission on Human Rights´ thematic report entitled “Human Rights and Corruption” in order to evaluate the impact that this instrument could have to solve the main elements of international responsibility for human rights violations and analyzed some examples of how in which said report can impact, from a human rights perspective, on the resolution of situations of corruption that frequently occur in the countries of the region.

This work addresses the study of the fundamental political decisions emptied into the original text of the Political Constitution of the State, in their relationship with the social reality with which they must be consistent. Starting from the theoretical-conceptual exploration of the question, and based on a critical evaluative methodology, we approach the social manifestations of recent configuration that show new expressions of constitutional order that the fundamental norm does not contain. From this, we postulate the thesis of the foundational political decisions to sustain that the new realities of our complex and demanding societies can be identified as new fundamental political decisions that, from a hermeneutical and heuristic exercise, must be incorporated into the constitutional text.

Since 2018, Mexico is passing through a radical process of political transformation. This article explores how the new power elite has predicated its particular perspectives on constitutional change. Through the focal lenses of Bruce Ackerman’s influential theory on contemporary paths to constitutionalism, it examines the new cycle of political and constitutional transformation promoted by the new government and is put into test to ascertain if its narrative resembles the patterns of revolutionary constitutionalism or, to the contrary, is more in tune with preservationist strategies for constitutional change that the article portrays as regression through transformation.

The constitutionality control has gone through different phases. Initially, it was a discredited institution, particularly in Europe. This was because the “cult of the law” was ingrained in that part of the world. In this context, an initial way to make this notion compatible with the constitutionality control was the “prior control of constitutionality”, which allowed the content of the laws to be audited, but before they were published. Subsequently, this tool has been incorporated with the purpose of avoiding the emergence of the international responsibility of the State. This article seeks to demonstrate how preventive control is essential to guarantee the balance between constitutional supremacy and the pacta sunt servanda principle.

The conflict among fundamental rights, or “normative antinomy” is a legal form that deals on the interference of a right over another, either by protection means, obstacles on its achievement or in the exercise of a right. This study analyzes the normative antinomy derived from the collision between the right to freedom, through the scope on freedom to transit and not to be detained against the will, in the context of the measures decreed by the Salvadoran Executive on the protection of the right to public health during the pandemic caused by COVID-19; making use of the weight formula, proposed by Robert Alexy in the method of weighting and balancing of fundamental rights.

In this paper, the possibilities of the constitutional jurisdiction to restore equality when it has been violated by the legislator are addressed, analyzing in abstract the demands that reparation entails and contrasting it with the powers that judges have to be able to make this principle effective.

In 2015, the 2030 Agenda composed of 17 goals ("SDGs") and 169 targets was adopted by the United Nations General Assembly as a plan of action for people, planet and prosperity. SDG 5 aims to achieve gender equality and empower all women and girls. On March 11, 2020, the World Health Organization announced that the new disease caused by SARS-CoV-2 virus which corresponds to COVID-19 may be characterized as a pandemic. Globally, it is estimated that at least three million people died from the virus in 2020. This crisis has exacerbated the already existing inequalities between men and women in the areas of work, family, professional, health, access to technology, education, etc., which reflects that gender disparity disproportionately distributes responsibilities and economically rewards only some of the activities performed by women and girls. This article uses an evaluative methodology to show, from a gender perspective, the level of coherence of some of the most important measures issued by the Colombian government to avert the crisis in relation to SDG 5. It is concluded that these measures are insufficient and inconsistent with the content and scope of SDG 5 and its targets, even though theoretically this regulation aims to print gender equality and the empowerment of women and girls, in practice, these have poor development and materialization.

This paper is a critical study of the Drug Courts in Chile.To this end, it analyses the regulatory context in which they were created within the criminal legislation on illicit drug trafficking. Without prejudice to the existence of drug treatment, it is questioned whether drug courts are an alternative to incarceration. Rather, they are an increase in the punitive net that complements the extreme punitiveness of criminal drug legislation. Furthermore, the eligibility requirements established in Chile’s drug courts prevent the possibility of treatment for many people who might need it, since in their current structure, drug courts combine and confuse public health criteria with notions of dangerousness. In the conclusions it is recommended the maintenance and budgetary increase of drug treatment. However, it is suggested the separation of criminal law assessments or charges from public health criteria. Likewise, as a public policy in criminal matters on drugs, it is recommended the decriminalisation of behaviours and the reduction of penalties in order to build a real path that is decriminalising and respectful of human dignity.