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

From El Salvador, the old idea that implementing mano dura policies can be effective to combat organized crime is being exported. Although old, the idea that El Salvador is exporting has an attractive tactic: the application of exception regimes that broadly suspend constitutional guarantees. Honduras and Ecuador, with similar but different citizen security issues, attempted to apply president Bukele’s Plan Control Territorial and failed. This article tries to answer two of the many questions that arise from this model: does sustained regimes of exception violate international human rights law? And why didn’t it work in Honduras and Ecuador?

The international human rights regulations from the last century indicate that access to higher education must be based on merit or abilities, limiting its enjoyment to a proportion of the population. From this approach, this article presents a review of Plan of the IV Reform of the National Autonomous University of Honduras (UNAH) issued in 2005 to identify distinctive elements in the consideration of higher education as a human right. The Plan reflects a work proposal framed in the democratizing processes of neo-populist and neoliberal governments developed during the first decade of the 21st century. In this way, the UNAH reform proposed the recognition and guarantee of the right to higher education from two paths: quality improvement and institutional strengthening. Although its approach is prior to that of the CRES, it recognizes higher education as a right and as a public, non-private good and defines the general lines so that the National Autonomous University of Honduras is configured as the state entity to guarantee this human right.

Economic, Social and Cultural Rights are those that, together with Civil and Political Rights, form an inseparable part of the human person. However, due to the intimate relationship between them, international doctrine has placed civil and political rights in a higher position than ESCR, wrongly calling them “Second Generation Rights”, whose fulfillment will be progressive and to the extent that resources allow, which has caused countries to take the power to determine the way in which they will fulfill their international obligation to guarantee these rights. This is the case of Honduras, where there is evidence of a crisis of guarantee and access to ESCR, which is why it is necessary to carry out research with a theoretical/dogmatic approach, aimed at determining whether Honduras has complied with the international obligation to effectively guarantee the enjoyment of the specific right to health, using as a basis the international standards of availability, accessibility, acceptability and quality in terms of guarantee of ESCR, and if not, to find the possible causes of its non-compliance and finally, to formulate recommendations to improve access and guarantee of this right.

This work contains an analysis of what bioethics and biolaw are. Regarding biolaw, it presents the constitutional foundation that allows for addressing the subject matter and developing its contents. In an analytical manner, the constitution of the Republic of Honduras is examined, emphasizing Article 59, a provision that serves as a legal basis for guaranteeing human rights, as it focuses on the dignity of individuals. Despite the contradictions that a rigid constitution may represent, especially the written constitutions of Latin America in the 1980s and early 1990s, these legal texts clearly recognize rights that illuminate others, such as the right to dignity. This work suggests that within the constitution of Honduras, there exists the foundation to construct a comprehensive framework for biolaw.

The maritime broker, is considered a professional with a high degree of experience in the transport of goods through the sea, being the one who carries out the negotiation, who is responsible for providing advice on the characteristics of the different vessels, the documentation to be submitted at different stages of the process; through his intervention, he contributes to save time and money so that the commer-cial operation is developed successfully, being this the intermediary between the shipowner, who has at his disposal a vessel and a charterer who seeks a means of maritime transportation in exchange for a commission for the formalization of a contract for the transportation of goods, who does not own vessels, however, he maintains at his disposal the fleet of vessels, according to the requirements and needs of the client.

The denunciation filed by the State of Honduras with the World Bank against the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) took effect on August 25, 2024. This article aims to analyze the process and implications of this denunciation, identify the alternative forums available for dispute resolution between Honduras and investors, and examine the regulatory changes that arise from it.

European Union legislation, in particular Regulation (EU) 2018/1725, presents several strengths that can be highly beneficial for Honduras’ legal framework. Therefore, a literature review was carried out comparing Regulation (EU) 2018/1725, with Honduran legislation with the objective. Many strengths are highlighted such as the adoption of the principles of comprehensive data protection, clear rights for citizens, transparency, accountability, supervision and technological adaptation, would contribute to creating a safer and more reliable environment for the handling of personal data in Honduras. The methodology applied is the Selection of Relevant Sources, then the elaboration of a comparative analysis and evaluation of applicability and formulation of conclusions and recommendations. Conclusion: This adaptation of the strengths of Regulation (EU) 2018/1725 to Honduran legislation would not only better protect citizens but would also strengthen trust in institutions and companies that handle personal information, thus fostering a more favorable environment for technological growth and development.

Like any public policy adopted as a solution to a problem identified by societies as relevant, criminal policy is nothing more than a dynamic activity of the State that expresses certain political ideas in force at each time to control the criminal phenomenon, which is why it is an error. intend to adopt them as immovable dogmatic paradigms since the social, technological and economic events that occur over time make them obsolete and ineffective, emerging new approaches to criminal policy that begin new cycles of criminal control over time. The abuse of the punitive power of the State against citizens is the main problem that the various conceptions of criminal policy have faced over time. The ineffectiveness of combating crime and its principles are the main problems that the traditional criminal policy model has faced over time. The purposes of this research are to describe the background of traditional criminal policy, its principles and the factors that explain its current decline, as well as to describe the impact of multidisciplinarity and the theory of public policies on criminal policy as a new cycle that faces epistemological problems.

This essay analyzes the importance of open justice and governance in Honduras as fundamental elements for strengthening the rule of law. It examines various related issues, such as transparency in the judicial system, democratic governance, autonomy of the judiciary and citizen participation in judicial processes. It is argued that the development of these areas is crucial to improving trust in institutions, promoting accountability and ensuring equality before the law in Honduras. This essay explores the role of open justice and governance in strengthening the rule of law in Honduras. It focuses on transparency, legitimacy and trust in the judicial system, democratic governance, autonomy of the judiciary, citizen participation and collaboration in justice systems, and the challenges of judicial agencies.

Dear readers, With a whisper of leaves in the wind, a new issue of the Law Review unfolds before you. It is with immense satisfaction that I present this new issue of the Law Review from the Institute of Legal Research of our beloved Faculty of Legal Sciences. I am pleased to announce that this edition is not only the most extensive in our history but also the one that has received the highest number of research submissions from brilliant minds and prodigious writers, to whom we express our gratitude for their dedication and commitment to academia.