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

This paper analyzes the relationship between intragenerational mobility and two sources of inequality, namely opportunities and capacities. By using a nationally representative survey in Mexico, we find that social mobility in Mexico is low, mainly for women. We also find that Health HDI prevents downward mobility and promote upward mobility, especially among women. Finally, the paper identifies public policy measures to promote intra generational mobility for the next generations.

The objective of this text is to carry out an qualitative exploratory analysis about the diversity of discriminatory practices that are exercised against certain population groups in Mexico. For this, an exploratory factor analysis was carried out by main factors, from which a typology of situations was elaborated in which different segments of the population are more likely to be discriminated against. The statistical information for this analysis was obtained from the 2017 National Survey on Discrimination. The results of the analysis yielded three factors or situational types of discrimination: to get accommodation, by marriage, and, by opinion. The implications of these results aim to recognize that, within the groups that suffer discrimination, certain sub-groups are more susceptible to such practices than others, that is, the most discriminated among those discriminated against. The originality of this work lies in the methodology developed, since it facilitated visualizing the segmentation of the discriminatory practices that are exercised. The findings made it possible to identify to whom these practices are most frequently directed, which can contribute to the design of affirmative action public policies that allow overcoming this condition of inequality.

In the last two decades in different Latin American countries the educational systems established as an improvement strategy the extension of the school schedule under an inclusion and educational equity scope. In the case of Mexico, a Full Time Schools Program was implemented in 2007 with that purpose. In this context, this article evaluates the impact of the program in basic education schools in the state of Tlaxcala. Through a mixed methodology the impact of two treated groups was identified: the intervention or experimental group represented by the extended schedule program schools and the control group represented by normal schedule schools. The quantitative methodology consisted in the administering of questionnaires in 110 schools and the qualitative was developed through focused groups with the beneficiaries of the program. The results show an improvement in the infrastructure, feeding, equipment, curricular coverage and collaborative work among teachers, but regarding learning levels obtained via PLANEA (Plan Nacional para la Evaluacion de los Aprendizajes) test reports, the achievements are not so meaningful.

This study analyzes the trajectory of professional boxing in Jalisco as a significant activity for society since the 1950s. The research follows a qualitative descriptive approach, supported by scholarly literature, participant observation and interviews with key informants from various gyms, particularly in Guadalajara metropolitan area. Without undermining the relevance of the athlete’s physical-athletic skills, the results highlight that the social significance of professional boxing and its trajectory over time is linked to various contextual factors. They include the outstanding involvement of those in the boxing business as a mass spectacle and various local policies and actions aimed specifically at competitive boxing. New research should delve into these vicissitudes, taking the trajectories of the local world champions as a reference, and with this, explain the correlations between their achievements and the personal and specific factors of their environment and the more global context.

The historical academy tends to scorn the historical accounts of memory, considering them apocryphal or unreliable in terms of veracity. However, it cannot be denied that each story told by historians, and each story told in tradition, maintain the main axis that gives coherence to the plot of the event. Both ways of telling the same story stem from a past event or process that becomes a discourse. Thus, in this article, we propose to establish that neither form of history should be disdained, but on the contrary, we try to consider that memory stories as an open text, should be understood within historical narrative contexts, and consequently demonstrate that there is a parallelism between both forms of evoking the same story and thus determine that oral history, sometimes, is not as apocryphal as it is usually thought. The element of analysis is an account of the founding of a Guanajuato town that focuses on the context of the history of the Royal Inland Road.

The determination of the obligations to prevent and repair environmental damage is linked to complex discussions of environmental justice, particularly with regard to the distribution of the burdens generated by these obligations. The article analyses who and under what conditions can decide this distribution. Two aspects are considered. The first is that of the balance between the legislative and executive branches, on the one hand, and the judicial branch, on the other. The second refers to the way in which the environmental protection, implicit in the obligations to prevent and repair damage, is combined with other constitutional rights. For this analysis, Argentine constitutional law, which since 1994 expressly protects the environment, is taken as a starting point. The question of the object of constitutional protection and how key concepts such as environmental damage and hazardous activity should be delimited are addressed. It is concluded that the distribution of the burdens generated by the prevention and repair of environmental damage requires considering the dimension of democratic legitimacy and forces us to think about a new determination of the limits between constitutional rights.

“Rare earths” (RE) oxide concentrates are today considered critical for the technology industry. Its extraction and processing are mainly concentrated in China, Australia and the United States and its commercial price is on the rise. Chile has untapped RE resources and mining tailings that contain them, unprocessed. This paper investigates whether the current mining regulatory framework in Chile covers the exploration, exploitation and benefit of rare earth elements and their local processing; and if the answer is negative, what incentives could -then- promote rare earth mining in an economically efficient and environmentally sustainable way. As for methodology, the research examines -in the first place- the particularities of rare earths; to then contrast them with the regulation of traditional Chilean mining and experiences abroad; finally, identify barriers and propose legal-economic stimuli that could make RE mining possible and contribute to its value chain through local processing. The paper advances the need to constitutionally address RE domain better; and that the current legal framework for granting mineral substances does not reflect the peculiarities of RE elements. It also furthers that the appropriate regime for RE mining concessions must weigh their strategic and economic value, including the environmental factor. Furthermore, it advances that -for the development and management of projects for the exploration, exploitation, benefit and local processing of RE- it is essential to promote strategic industrial research and the formation of human capital, design financing schemes (risk capital, subsidies, reserve funds, taxation) and privilege public-private partnership forms. The research is relevant since it promotes a regulatory framework that stimulates RE mining, capable of giving Chile a real opportunity to temporize its mining, diversifying it with the exploitation of strategic products of growing global demand; and introducing efficient technologies that recover economic value from waste processing, while reducing the environmental liabilities of mining activity.

Corporate social responsibility (hereinafter, CSR) contributes to sustainable development. It ensures the presence of business activity with positive impacts on society and its environment. Its main feature is voluntary compliance because it is an ethical business practice. This paper, however, analyzes and postulates CSR as a mandatory mandate in the Constitutional State, like compliance with it is not a matter of good will or an ethical practice. This is because CSR is a tool and strategy capable of promoting care for the fundamental right to a healthy and balanced environment. If this is so, then compliance becomes imperative, because companies have a duty to respect, protect and conserve the environment. In addition, in the Constitutional State, public and private authorities are obliged to act in accordance with the rights and fulfillment of the Constitution. In this context, it is an obligation to comply with and implement strategies that promote rights, and CSR is an instrument that companies should implement to protect the environment and legitimize the development of their activities, especially extractive activities, which are often a source of conflict.

From the perspective of absolute third parties, the general claim in the environmental impact assessment has entailed multiple restrictions to the right of equal access to justice, due to the applicable legal provisions and the judicial interpretation of said provisions. Since such restrictions are not present in the claims exercised by the owner of the project and their relative third parties, the exercise of claims against environmental qualification resolutions has entailed a breach of the equality of access to judicial protection in the environmental impact assessment. Given the insufficiency of the remaining actions that may be exercised by absolute third parties against environmental qualification resolutions, a different interpretation of art. 17 of the law which creates the Environmental Courts is needed (Law 20.600) to integrate absolute third parties in the same claim of relative third parties. An interpretation in this sense has positive foundations. It overcomes the current limitations in the exercise of the general claim and, finally, assures the right of equal access to justice for all those who have standing, regardless of their intervention or non-intervention in a citizen participation procedure.

This paper analyzes the legal framework for the protection of plant varieties in Chile. Specifically, the protection mechanisms contemplated in the legislation of that country are reviewed in favor of the breeder of a plant variety, focusing on the absence of special civil actions, and the effects that this has had. From a methodological perspective, the study is done through the comparative analysis of other laws that do contemplate special civil actions, in orden to maje proposals for their integration into the national legal system.