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judicial perspective » social perspective (Expander búsqueda), judicial efectiva (Expander búsqueda), judicial protection (Expander búsqueda)
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1
artículo
In 2019, the Cuban legal system was shaken by the introduction of a new Constitution which, among other essential transformations, enshrined judicial guarantees of rights. Effective judicial protection made its way into the national legal debate. The judicial and procedural reform of 2021 contributed substantially to this. However, the delimitation of its content is still a pending task. Theoretical studies have much to offer in order to fill this gap. Interpreters, and especially the courts, will have to find in them a solid basis that will allow them to shape its extension. For labour rights, which are particularly imbued with an essential tutelary character, such a task must be complemented by the examination of principles and the way in which they shape procedural institutions and categories. This is the perspective presented in this text, which reflects on the current means of settl...
2
artículo
Publicado 2024
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In this work, we will examine the impact of current policies and practices on access to justice for people with disabilities, focusing especially on the needs of individuals with hearing disabilities. We will explore how the barrier of incomprehension of legal language affects this population and the emergence of accessible language initiatives globally. Specifically, we will discuss the implementation of the Brasilia Rules, highlighting the importance of inclusive language and emphasizing the urgency of adopting concrete measures in Peru. We conclude that the consolidation of inclusive practices not only protects the rights of citizens, including those with hearing disabilities, but also underscores the need for the Peruvian Judiciary to truly achieve equitable justice in the country.
3
artículo
Publicado 2021
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At present, one of the problems that the protection of human rights suffers from a philosophical perspective focuses on the corruption that exists and the poor administration of justice. We must understand that the protection of human rights must not only be limited to the fundamental rights of man, but also to opt for an optimal justice system that can guarantee the safety and protection of citizens. Just as the legal system must guarantee the effectiveness in the application of the norms and in the courts, the problem of corruption must try to diminish so that it is possible to begin to speak not only of a correct administration of justice, but of a correct application from the human rights.
4
artículo
Publicado 2021
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At present, one of the problems that the protection of human rights suffers from a philosophical perspective focuses on the corruption that exists and the poor administration of justice. We must understand that the protection of human rights must not only be limited to the fundamental rights of man, but also to opt for an optimal justice system that can guarantee the safety and protection of citizens. Just as the legal system must guarantee the effectiveness in the application of the norms and in the courts, the problem of corruption must try to diminish so that it is possible to begin to speak not only of a correct administration of justice, but of a correct application from the human rights.
5
artículo
Publicado 2014
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In this interview, Dr. Chau shares some ideas about the tax reforms of the past two years and their implementation. In this way, the interview addresses the news that brought the introduction of partial audits, individual consultations and the procedures related to these. Then, it focuses on the role of the Tax Court in the implementation and consolidation of these new tax law institutions.
6
artículo
Publicado 2023
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Gender violence affects one in three women in the world, it is a social problem that requires comprehensive responses to address it. In the legal sphere, judicial decisions can contribute to providing, through the application of a gender perspective and humanist legal dogmatic interpretation, full access to justice for victims and survivors of violence. In the cases in which they become defendants, a gender-sensitive look is required in the criminal process, especially in terms of assessing the requirements of self-defense and the assessment of the evidence. The research proposes to reflect from the analysis of doctrinal criteria and jurisprudence on the subject.
7
artículo
This paper will analyze the underlying problem of gender prosecution: the harmful use of gender stereotypes. By its own definition, prosecuting involves evaluating the evidence practiced in a trial to identify facts to which a specific legal consequence provided by law is attached. In this sense, when this judicial syllogism introduces a gender prejudice, it distorts the assessment of evidence, fails to identify the facts and distorts the correct application of legal norms.
8
artículo
Publicado 2023
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This paper analyzes the needs that drive the Uruguayan Judiciary to modernize, using new technological tools. As this article examines, this path is not without economic and legislative difficulties. Despite such obstacles, various management and support systems have been developed, which are listed and described in this work. In this sense, the Technology Division of the Judiciary has carried out a series of computer developments, exclusively with its own resources, in order to improve the service provided to society. Along this path, the commitment and acceptance of all individuals who perform tasks in the Judicial Branch is important to achieve the implementation of technological changes. The conclusion reached is that the search for unification of the different factors that influence technological change (committed officials, economic investment and legal regulation) becomes the nece...
9
artículo
Publicado 2023
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This paper analyzes the needs that drive the Uruguayan Judiciary to modernize, using new technological tools. As this article examines, this path is not without economic and legislative difficulties. Despite such obstacles, various management and support systems have been developed, which are listed and described in this work. In this sense, the Technology Division of the Judiciary has carried out a series of computer developments, exclusively with its own resources, in order to improve the service provided to society. Along this path, the commitment and acceptance of all individuals who perform tasks in the Judicial Branch is important to achieve the implementation of technological changes. The conclusion reached is that the search for unification of the different factors that influence technological change (committed officials, economic investment and legal regulation) becomes the nece...
10
artículo
Publicado 2023
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Women victims of sexual assault encounter several hurdles when seeking justice in Chilean legal institutions; however, recent efforts by the Chilean Supreme Court to fight bias against underrepresented groups have foregrounded the importance of applying a gender perspective in court trials. In light of the publication by the Chilean Supreme Court in 2019, I analyze the court ruling of a 2004 rape case that led Corporación Humanas?a feminist NGO?to file a petition before the Inter-American Commission on Human Rights. Given the ruling’s egregious biases, the NGO holds Chile responsible for the violation of several victims’ rights specified in international human rights treaties. Based on the written court ruling, I examine how the judges and other legal actors failed to deliver justice with a gender perspective. For that purpose, I analyze how the judges, the prosecutors, and the defe...
11
artículo
Publicado 2020
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Statistics of the Judicial system reveal some social and familiar conflicts relevant to the study. One of them is child support. Child support needs to be construed according to the constitutional block standards. That interpretation includes the principle of Best Interests of the Child and the multidimensional and interdependence values to safeguard children’s rights. Finally, there is a need to apply the same criteria to other legal regulations like juvenile’s rights for example.
12
artículo
Publicado 2020
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Statistics of the Judicial system reveal some social and familiar conflicts relevant to the study. One of them is child support. Child support needs to be construed according to the constitutional block standards. That interpretation includes the principle of Best Interests of the Child and the multidimensional and interdependence values to safeguard children’s rights. Finally, there is a need to apply the same criteria to other legal regulations like juvenile’s rights for example.
13
artículo
Publicado 2019
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An unplanned health care system is like a paper boat carried by a slowly sinking current. In times of disinformation and excessive distraction, investing in better facts on health technology assessment (HTA) will enable more active actions rather than reactive to the market dynamics. This paper aims to raise some reflections on HTA in terms of political context, health technologies and epidemiological priorities. The perspective of HTA is context dependent, intrinsic to its political and institutional articulation. At the moment, the paradox is to maintain a specialized structure in the face of economic austerity policies that reduce health resources, and a scenario of greater interest in raising public funds by the private sector. Particularly in Brazil, HTA will also have to deal with the gradual shift from a universal health system to a minimum portfolio of services offered by the pri...
14
artículo
Publicado 2023
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Women victims of sexual assault encounter several hurdles when seeking justice in Chilean legal institutions; however, recent efforts by the Chilean Supreme Court to fight bias against underrepresented groups have foregrounded the importance of applying a gender perspective in court trials. In light of the publication by the Chilean Supreme Court in 2019, I analyze the court ruling of a 2004 rape case that led Corporación Humanas―a feminist NGO―to file a petition before the Inter-American Commission on Human Rights. Given the ruling’s egregious biases, the NGO holds Chile responsible for the violation of several victims’ rights specified in international human rights treaties. Based on the written court ruling, I examine how the judges and other legal actors failed to deliver justice with a gender perspective. For that purpose, I analyze how the judges, the prosecutors, and the ...
15
artículo
Publicado 2016
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The crime of «human trafficking» involves a prohibited behavior related with the recruitment process, transport, transfer, reception or retention of a person in the territory of the country or passing through the country, for exploitation or other ilegal purposes which can be regarded validly as a new form of slavery, a transnational crime and even a crime against humanity by violating its perpetration enshrined human rights, specifically, the freedom, the dignity, the personal security, access to the justice, the right in order not to be subjected to slavery, the servitude, the forced labor, the right not to be subjected to torture, the right not to be subjected to gender violence, the freedom of circulation, the mental and physical health, the right to fair working and favorable conditions, the right to an adequate standard of living, the right to social security, and the right not t...
16
artículo
Publicado 2016
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The crime of «human trafficking» involves a prohibited behavior related with the recruitment process, transport, transfer, reception or retention of a person in the territory of the country or passing through the country, for exploitation or other ilegal purposes which can be regarded validly as a new form of slavery, a transnational crime and even a crime against humanity by violating its perpetration enshrined human rights, specifically, the freedom, the dignity, the personal security, access to the justice, the right in order not to be subjected to slavery, the servitude, the forced labor, the right not to be subjected to torture, the right not to be subjected to gender violence, the freedom of circulation, the mental and physical health, the right to fair working and favorable conditions, the right to an adequate standard of living, the right to social security, and the right not t...
17
artículo
The purpose of this paper is to develop some ideas on the state of the situation of the application of the gender perspective theory in the resolution of cases in the courts of justice of the province of Corrientes, Argentina. For this purpose, it is essential to deploy the theoretical framework under which this analysis will be made, which includes the issue of equality, as well as the constitutional view in relation to structural inequalities of social groups, which will lead to notice economic inequalities in the forms of human organization. Then, we will interpret what is understood by feminism, to reach the topic of what is judging from a gender perspective. This article ends with the presentation of the Tamara case, a paradigmatic case of femicide, resolved by the Superior Tribunal de Justicia de Corrientes [Court of Appeals in and for Corrientes], the highest court of said Argenti...
18
artículo
Publicado 2018
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The task undertaken in this essay is to analyze the interpretation of the legal norms in order to be used in the solution of the cases brought before the judge. However, many of the theoretical constructs elaborated to explain it not only seem to be completely removed from the activity that the judges perform in the day to day of the exercise of their works, but, in addition, they are elaborated in an abstruse and vaporous language that evil could be compared with the practice of law. The objective of this essay is to try to specify clearly and concisely the parameters established by private law for the judicial interpretation of the rules, highlighting the broad powers available to the judges, but without leaving aside the limits that must respect.
19
artículo
Publicado 2025
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This article examines Resolution 12-2017 of the National Court of Justice of Ecuador, focusing on its application during the first phase of the single hearing in labor cases. This regulation requires that preliminary exceptions be resolved before proceeding with the analysis of the substance of the case, which poses significant challenges in ensuring effective judicial protection for the safeguarding of labor rights. The research discusses the effectiveness of this resolution in labor matters, identifying conflicts and controversies, and offers recommendations for its improvement. Through a qualitative analysis, it will be concluded that a strict application of the resolution could negatively affect the protection of rights and justice in labor proceedings. The conclusion will suggest adjustments to the regulation to allow for a more comprehensive assessment of the evidence before resolv...
20
artículo
Publicado 2024
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The study analyzes the effects of the control of constitutionality and conventionality in the Argentine system, in light of the international systems for the protection of human rights and the legal instruments to which the Argentine State is a signatory. These systems do not have derogatory effects on domestic norms, but the inapplicability of these to the specific case and the possibility of providing for actions or omissions; that is, orders to do or not to do with respect to a specific situation in order to safeguard the principle of constitutional and conventional supremacy, so that the subjective right enshrined in these hierarchically superior norms prevails. In this perspective, the aforementioned systems of rights are of mandatory and preferential application to any domestic legislation of lower rank. In other words, it is not only the text of the covenants, conventions and trea...
