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

The main objective of the text is to show the current situation in which we find ourselves after the legalization of euthanasia in Spain and how it affects the population in general and the health population in particular. This study is part of an extract from the master’s thesis in Human Rights, Biolaw specialty, on Euthanasia that the author carried out in July 2021, showing the most outstanding practical results, which have been collected in the different surveys carried out, proceeding to its subsequent analysis, to try to know firsthand the general feeling of society as a whole and of the health professionals themselves. Throughout this article, issues such as the principle of human dignity in relation to the patient’s right to autonomy, the importance of the Advance Directive Document, the legalization and regulation of euthanasia, as well as the consideration of the euthanasia as a new right.  

Health care for trans minors is a challenge at the present time, pediatricians, endocrinologists, families and children and young people themselves faced with a complex cultural context. On the one hand, the need to contact health services is intrinsic to the fact of transsexuality, a fact that is evident in the extensive legislative development in recent years, which has at its maximum exponent the trans law proposal that has recently been approved the government of our nation. However, and although the main purpouse is to end the pathologization of the group, in the context of minors there are many problems to analyze: what is the best interest of the minor? Who can give informed consent and if it is valid under what circumstances? Do minors and families understand that the treatments offered could raise doubts about efficacy and safety for the professionals who care for them, or even that they could be understood to some extent as experimental? The recent Bell v Tavistock sentence of the Supreme Court of England and Wales is a key document that we will analyze in search of some of these keys.

The starting point of this work is UNICEF´s report in 2013 on the detention of Palestinian minors carried out by the Israeli military forces. The significance of this Report lies in the fact that it concludes with the proclamation that the ill-treatment suffered by Palestinian children during detention is a practice which appears to be “widespread, systematic and institutionalized throughout the process, from the moment of arrest until the child’s prosecution and eventual conviction and sentencing”2. We will study whether there have been relevant changes in the Israeli policy of detention of Palestinian minors since the UNICEF report, as well as Israel’s adherence to international human rights law and specifically the right to a fair trial. It is also interesting to examine whether Israel has taken the existence of a pandemic into account when practicing its detention policy in recent years.

The public sector contract law has been successively reformed in order to adapt our national law to the European law, particularly to the Directives which have been adopted within the European Union. These Directives have given rise to a legislative landscape marked by the so-called “Europe 2020 Strategy”, within which public contracts play a major role. However, the effective transposal of the European legislation to local government level needs to take into account the organisational and personnel particularities of the different local authorities in our country. This work aims to explain the specialities of public contracts procedure from local authorities by emphasizing the convenience to reform the contract law so that local authorities can apply it properly.

On March 14, 2020, in the context of the health crisis caused by the covid-19 pandemic, the Government approved a state of alarm, by means of a Royal Decree that would later be declared partially unconstitutional, delegating to the Armed Forces a series of competences for the management of the national emergency situation, which would be effectively executed on the basis of the Military Operational Right. The management of this first phase of the pandemic, in which the reaction capacity of the States under exceptional situations of health crisis was questioned, demonstrated however that the military order was a valid legal instrument, adjusted to the legal and constitutional requirements that preside over the Right of Exception to face those problems.

We intend to address, from its historical study, the linkage between clientele and citizenship, the gentile order and the plebs, trying to clarify the fiduciary nature of clientele and the Mores. The institution is studied observing the contrast between the precivic gentile order and the birth of the civitas; the clientele of the monarchy and the clientele contemplated in the Law of the XII tables and its development until its definitive politicization in the twilight of the Republic. This implies the study of the Mores, the law of the XII tables and the clientele-plebs relationship, and its subsequent institutional confusion and institutional breadth. With the purpose of examining how and when it has an integrative role of the foreigner.

With the publication in the Official Gazette of the European Union of the General Regulation of Protection of Personal Data (2016) and in the Official Gazette of the Federation of the Mexican Republic of the General Law of Protection of Personal Data in Possession of Obliged Subjects (2017), ensued the positivization of the right to the portability of personal data, which already found antecedents in the field of telecommunications. However, the subjective and objective elements of this right affect the entire life cycle of personal data and give us an account of the many existing limitations that allow its exercise and guarantee, an issue that also finds specific details depending on the matter. In this sense, the present intends to analyze if the exercise of this right, as it is foreseen in the mentioned norms that are in force, is beneficial for the users of the health systems, or if on the contrary, it represents a burden.

Good faith is a value and a principle of exceptional relevance in the legal system that is based, in our western society, on the concept of the same name of Roman Law. Originating in the field of private relations, it currently extends to the most different spheres of the legal system and constitutes the greatest support of the same, assuming, in short, the essential relationship of law with ethics, which must preside over all the acts of the human being and the institutions created by it. Moving to the specific procedural space, and more specifically, in the social jurisdictional order, good faith is alluded to in repeated precepts of our LRJS, sometimes expressly and other tacitly but no less clearly, as well as other concepts that imply its formulation to the contrary sensu such as bad faith, abuse of law, fraud of law, negligente (absence of due diligence) or reckleness, referrent not only to the litigantig parties but also to the legislator himself and the interest that presides over the applicable norm and to the court concerned. However, on frequent occasions, good faith is understood as a declarative principle and as a formal framework of the case with no further effective significance, when it is a dynamic concept that is perfectly enforceable in each specific case if of the defrauded texts, its absence is evidenced, and it is punishable if the spirit of the norm is violated, leading, by reaction and after the timely complaint if it is not appreciated ex officio, the due effect opposite to its alleged avoidance or its simple inattention, so it is necessary to examine the scope of each precept and the specific dimension in each one of this principle.

Today, Restorative Justice has wide international recognition, both in universal international law and in European regional law. However, and despite the tendency of countries around us that have legislated on it, the reality is that in Spain there are only a few normative references to Restorative Justice or criminal mediation, with no express regulation on the matter. Faced with the regulatory proposals to modify the Criminal Procedure Law made in 2011 and 2013 or in the current Draft Law to reform said Law of November 2020, which expressly refers to it, the truth is that the line is not followed of the 2018 Recommendation and is not regulated exhaustively, incorporating it in a real and effective way into our internal legal system. This paper aims to offer a proposal for regulation on the matter, taking into account the theoretical-practical experience accumulated by Spanish facilitators in restorative justice and intrajudicial criminal mediation in different pilot projects promoted by the General Council of the Judiciary, in Tribunals or Courts throughout the national territory, and thanks to the initiative of some Autonomous Community such as the Basque Country, where restorative justice is a reality materialized through the Restorative Justice Services.

This article describes the criteria of the Inter-American Court of Human Rights relating to the topic of torture, a product of the analysis of sentences handed down by the Inter-American Court of Human Rights that made it possible to identify procedural and substantial lines of action. This is an international tribunal dedicated to this matter, with regional scope in the Americas, whose decisions are binding on the signatory states. The case law of this high court reveals characteristics of the human rights situation in the Americas and its defence. Two major aspects of the decisions relating to the topic were identified: one substantive and the other procedural. The substantive aspect encompasses those decisions relating to the substantive right, which pronounces on the truth of what happened, its characterization and consequences. The procedural aspect involves decisions relating to arguments relating to the proper conduct of trials and compliance with specific orders. The study of the sample collected on the subject of torture identified ten substantive and ten procedural criteria.