Latin American Human Rights Studies

Judge and Democracy: towards jurisdictional democratization

Francisco Javier Guerra Pérez — Thu, 19 Sep 2024 00:00:00 -0300

This article addresses the need for jurisdictional democratization. It discusses the concepts of Democracy, Separation of Powers, Judicial Independence, the Role of Judges in a Democracy, and the relationships between Democracy and Populism. The methodology used was bibliographic research.

The Criminal Legal System as a Guarantor of Human Rights in Mexican Law

Thu, 19 Sep 2024 00:00:00 -0300

Based on the Mexican reality, the objective of this article is to discuss how justice systems, legally established around the world, face the need to harmonize, on one hand, the interests of the state in seeking procedural truth, and on the other hand, the interests of the defendant in safeguarding their individual rights. The methodology adopted was bibliographic research, with an analysis of internationally renowned journals, as well as updated texts that help promote a better analysis of the variables under investigation; in this case, state protection of human rights. An analysis of legal norms was also conducted.

Impact of Family and Structural Violence on Women and Their Children: Some Notes

Neyda Nataly Oviedo Guevara — Thu, 19 Sep 2024 00:00:00 -0300

The article analyzes family violence and structural violence and the effects they have on the family, particularly women and children. The analysis focuses on the factors and consequences of this violence. The methodology used was bibliographic research, analysis of Legal Norms and Social and Economic Indicators.

The Contributions of the Encyclical Rerum Novarum to the Recognition of Fundamental Rights in Articles 1 and 23 of the Universal Declaration of Human Rights

Juan Carlos Mas Guivin, Rafael Fernando Aldave Herrera — Thu, 19 Sep 2024 00:00:00 -0300

The objective of this paper is to demonstrate that, although the Rerum Novarum Encyclical originates from another century, its influence can still be observed in the Universal Declaration of Human Rights, a legal framework that protects individuals throughout their development, supported by one of the oldest theories in history—the theory of fundamental rights. The research is theoretical, applied, and descriptive, following the guidelines of a qualitative approach.

Preventive Detention in the New Mexican Criminal Process: An Analysis Using the Doctrinal Method

Ruth Corona Martínez — Thu, 19 Sep 2024 00:00:00 -0300

The objective of this article is to discuss the concepts of preventive detention and the presumption of innocence, whose treatment and analysis have always generated wide debate. Some consider the need for one to the detriment of the other, while others state that in no case can the right to the presumption of innocence be violated. This confrontation becomes latent when a person is considered suspected of having committed a crime and subjected to criminal proceedings. The methodology used was bibliographical research.

The Legal Authority of International Arbitration as an Alternative Method for Resolving Investment Disputes

Edwin Stevan Rojas Guillén, Rosa María Reyes Nicasio — Thu, 19 Sep 2024 00:00:00 -0300

This paper aims to provide an understanding of the importance of arbitration as an alternative dispute resolution method. Furthermore, it presents a jurisdictional figure that transcends as a fundamental element in resolving disputes. It is important to bear in mind that there must be a prior consensual agreement between the parties to resolve their differences in the event of any future breach of contract. Therefore, they would not turn to a judicial body but rather to a recognized private entity that would resolve their disputes with the same authority as a court ruling. The methodology used for this research was bibliographic and documentary research, with a particular focus on the analysis of legal norms.

Religious freedom and human Rights: The Brazilian experience

Margareth Pereira Arbués, Vera Lúcia Lemos da Rocha Brumatte — Thu, 19 Sep 2024 00:00:00 -0300

This article proposes a reflection on the relationship established between the right to religious freedom and democracy. Freedom of religious belief and religiosity has sought its place in a world that is becoming increasingly plural. However, currently, at the same time that the affirmations of religious plurality occur, it is possible to verify a growing questioning about the existing border between the private and intimate sphere, which legitimizes the freedoms of belief, and the public sphere, which is regulated and it is subject to the administration of collective interests by the Democratic States of Law. Thus, such questioning integrates a problematization that is old, and that remains with vitality, about what is the limit of intervention of a secular state in the private sphere of individuals, and to what extent it is legitimate with regard to freedom of belief. In this sense, its main objective is to understand the fragility of the discourse that permeates the relationship between religion and democracy. To this end, it begins with an analysis of the preservation of freedoms, particularly that of religion and belief, promoted by the Universal Declaration of Human Rights (1948). From there, it is essential to understand the concepts of secularization and secularization. It is worth noting that the latter led to the growing emergence of spheres of social life distinct from a traditional collective political conception, and that secularization, in turn, means discussing the application of law and the functioning of the state. Added to this, it is also worth discussing religious freedom in the context of a Democratic State of Law. Finally, it concludes by highlighting the Brazilian experience, having as a key point the normative interpretation of the Federal Constitution of the Federative Republic of Brazil of 1988.