This paper examines how the Ecuadorian Constitutional Court’s Ruling 67-23-IN/24 establishes a legal framework for active euthanasia in cases of extreme suffering, reflecting the evolution of the right to a dignified death in Ecuador. Using a doctrinal and jurisprudential analysis approach, the study compares Ecuadorian regulations with international experiences in countries...
In Community La Oroya versus Peru an evolution of the requirements in the violation of the rights to access to potable water have been presented as part of a decent life: environmental pollution due to miner waste of industrial grounds and climate change. The judgement establishes that contaminated water attacks the rights for a healthy environment and health. The extension of...
The paper investigates the nature, quantum and the enforcement of prison sentences in cases of serious human rights violations in Chile between 1973 and 1990. It analyzes 15 cases with convictions, some occurred at the beginning of the dictatorship, and others in the 80s, each of them with one or more victims. The study showed non-compliance with international human rights...
This article analyzes the evolution of the concept of judicial impartiality in Chile, from a model based on fixed legal causes for disqualification to a more flexible understanding based on due process. From the study of disqualifications in higher courts, a growing tendency towards judicial self-disqualification based on Article 19 N° 3 of the Constitution is evidenced. The...
Constitutional control of parliamentary acts is essential for the protection of fundamental rights and supremacy of Constitution. For this reason, the sustained jurisprudence of Peruvian Constitutional Court (TC) has enshrined the principle of prohibition of arbitrariness, by virtue of which, there are no areas exempt from constitutional control. However, a decision from TC in...
The article is aimed at studying the current stage of development of constitutional and administrative justice in the Republic of Kazakhstan on the basis of the practice of specialized administrative courts and the Constitutional Council of the Republic of Kazakhstan. The results of the study are of theoretical importance, as the result of this study is a generalization of the...
The right to be forgotten is a recent legal discussion, both in Chile and in comparative law. National doctrine and jurisprudence have had the opportunity to argue about its reception (or not) in the Chilean legal system. This paper takes two steps back from this scenario and analyzes, from a constitutional perspective, about the reception from the right to be forgotten and its...
The article aims, first, to analyze the Constitutional Court's jurisprudence regarding the Table of Factors to identify what the Court deems unconstitutional in each of its rulings on the issue. Second, it seeks to critically assess how the Court interprets and applies the right to health protection, the freedom to choose between the public and private healthcare systems, and the...
By combining a doctrinal approach with interdisciplinary perspectives, this research addresses a topical question: how the international legal status of Indigenous peoples has evolved overtime? This analysis engages with this inquiry in a critical manner, prompting the consideration of further pertinent questions, and exploring colonial legacies, which are crucial to tackling the...
Territory can be a factor of exclusion when it is considered as irrelevant for governmental public policies. In this context, recognizing the principle of territorial equality as a constitutional requirement is highly relevant. Equally important is the recognition of territory as a category suspected of discrimination. These recognitions have significant legal and political...
Adequate housing as a right must be linked to social realities, to its guarantee, as an end for whose achievement and constitutional protection requires legal security, with the value of justice, referring to predictability, stability and trust, that is, that is, an asset deserving of protection for its implementation under the rule of lawKeywords : adequate housing; human rights...
Our aim is to analyze the juridical-philosophical debate that has developed within the Inter-American Court of Human Rights (IACtHR) regarding the justiciability of Article 26 of the American Convention on Human Rights (ACHR), focusing our observation on its most controversial rulings, issued in the 2023-2024 period. To achieve our objective, we will conduct a qualitative...
Reseña BibliográficaDemocracia europea y mercado único: 30 años del Tratado de Maastricht.Mar Sánchez Montell1 http://orcid.org/0009-0002-8164-50051Investigadora predoctoral FPU, Universitat de València (València, España). Correo electrónico: [email protected].Resulta singularmente complicado reseñar una obra colectiva como ésta porque, como ya por su propia denominación nos...
In March 2024, Chile approved a comprehensive law to guarantee the right of women, girls, and adolescents to live free from violence. However, it was not immediately enacted, as there was a constitutional challenge questioning the mandatory inclusion of non-sexist education at different educational levels. Fortunately, the Constitutional Court rejected the challenge. In this...
The present article analyzes and characterizes the emergence of a new human right in Latin America: the human right to care. This paper argues that this new right is in a developmental stage termed emergence. The international literature on the emergence of new human rights and the stages identified in their evolution is synthesized to substantiate this premise. Subsequently, by...
The extraordinary protection action is a jurisdictional guarantee that aims to protect constitutional rights and due process violated in judicial decisions. Despite this purpose, the current Constitutional Court of Ecuador denies several of these actions, alleging non-compliance with the criterion of constitutional relevance, a cause of inadmissibility established in the Organic...
The purpose of this document is to identify the main changes that the Superior article 241 has undergone, in which the functions of the Constitutional Court as supreme guardian of the Charter are “taxatively” indicated. These changes have taken place through legislative acts and pronouncements of the Constitutional Court. Through them the function of the Constitutional Court has...
The article analyzes a parking ban event and discusses the consistency of the violation with traffic law purposes. From there, it establishes the inconsistency of this infraction with the constitutional right to free movement, as well as with the right to park, regarding which it maintains is a necessary derivation of the fundamental right of locomotion. The study debates and...
This work studies the jurisprudence of the Colombian Constitutional Court in recent decades on euthanasia and abortion. The Court's jurisprudence has been very liberal, going so far as to decriminalize abortion up to the 24th week of gestation and euthanasia, with Colombia being one of the first countries, not only in the region, but in the world to do this. In recent years, the...
This article examines the reconduction of foreigners, a measure implemented in the Chilean legal system since February 2022. This figure involves the immediate return of individuals caught trying to enter Chile by evading immigration control or using false or adulterated documents or documents issued in the name of another person. The reconduction poses procedural risks, and the...
The article aims from a critical perspective to analyze the role of constitutional justice in the protection of minority rights, for which a theoretical analysis of judicial activism and its application in defense of the rights of social actors discriminated by their sexual orientation is carried out through the application of constitutional hermeneutics as a source of...
The decision of the Constitutional Court in case 90/PUU-XXI/2023, which gave rise to allegations of political scandal and "Court Capture," also shows the possibility of using judicial institutions for certain political interests, thereby causing the decline of democracy. The purpose of this writing is to describe the dysplasia of Constitutional Court decision number 90/PUU-XXI...
This paper explores whether Brazilian state agents can be criminally prosecuted for ordinary crimes committed between 1961 and 1985, classified as serious human rights violations. Despite the 1979 amnesty law upheld by Brazil's Supreme Court, it does not satisfy conventionality requirements. Therefore, the statute of limitations does not apply to these crimes, as they violate Jus...
Federalism and the Rule of Law require a public body to assume a key role in constitutional oversight, a responsibility often assigned to the Courts across various models, such as the diffuse system in North America, the concentrated system in Europe, and hybrid systems like Brazil's. This paper not only examines this role but also considers how Courts may expand their influence...
PresentaciónLos desafíos de la discriminación estructural y la reparación correctiva en el siglo XXIProf. Dr. Gonzalo Javier Aguilar Cavallo1 1Director, Centro de Estudios Constitucionales de Chile, Universidad de Talca, ChileSin duda que lo que va corrido del siglo XXI no ha dejado experiencias muy auspiciosas. Hoy más que nunca nos encontramos en una sociedad de los riesgos, en...