Anuario de Derechos Humanos

Reparations and follow-up mechanisms in human rights systems: Comparative outlooks from an African perspective

Juan Bautista Cartes Rodríguez — Sat, 28 Dec 2024 00:00:00 +0000

The reparations granted and their follow-up are two central aspects of International Human Rights Law. Therefore, given the scarcity of doctrinal studies from a comparative perspective, the objective of this article is to analyze these matters, focusing on the African system and comparing it with the universal, European, and inter-American systems. From our study, it emerges that, despite the existence of significant challenges still to be overcome, considerable progress has been made in various human rights systems over the past decades, largely due to cross-fertilization among these systems.

Critical infrastructure regulation and water security in Chile: Tensions and failures in protecting access to water and sanitation

Rodrigo Castillo Jofré, Tamara Saldaña González — Sat, 28 Dec 2024 00:00:00 +0000

The development of new types of crime at a global and local level has prompted institutional responses from states in an effort to confront this threat. As part of these policies to strengthen public security, in the case of Chile, Law 21.542 was passed and entered in force in 2023, which modifies the Constitution to allow the protection of critical infrastructure by the military in the event of serious or imminent danger. That year, the bill that develops it was presented, establishing the criteria of criticality and impact and the liabilities of the owners of such infrastructure. This paper investigates the possible consequences of such special intervention, using the situation of critical infrastructure in terms of access to water and sanitation, as an exemplary case of an essential service for the maintenance of vital social functions. It explores the tensions between the assurance of essential services, the control of security threats and the effective enforcement of fundamental rights and freedoms, ending with a critical commentary on the approach of Chile's constitutional reform and critical infrastructure bill, which in the area of access to water incorrectly address protection measures, overlooking necessary measures to support the security of water and sanitation systems that are more vulnerable and susceptible to disruption.

Genealogy of genocide: A Contemporary reflection on monstrosity

David Fernando Cruz Gutiérrez, Nataly Macana Gutiérrez — Sat, 28 Dec 2024 00:00:00 +0000

In this paper, we propose a genealogy of genocide. The core of this exercise is to demonstrate that genocide has both a legal and a moral-political dimension. These two dimensions intersect in the way we approach the concept of genocide, allowing us to argue that this category serves as a reflection of monstrosity in modernity. The purpose of this exercise is to understand what is at stake in the ongoing dispute over the application of the category of genocide to the extreme violence experienced by the Palestinian people since the creation of the State of Israel. This case intertwines the two dimensions we have outlined in our genealogy, and simultaneously shows us the need for continued in this discussion.

Criminalization strategies of indigenous communities' protests in the context of the constitutional reform in Jujuy province, Argentina: An approach from anthropology and legal sociology

Victoria Daniela Fernández Almeida , Malka Soledad Manestar — Sat, 28 Dec 2024 00:00:00 +0000

The article qualitatively analyzes, through theoretical and methodological tools from anthropology and legal sociology, the state strategies of criminalization of social protests led by the indigenous communities of Jujuy, organized in the "Third Malón de la Paz," during the process of constitutional reform in the province in 2023. Firstly, it examines the process initiated after Governor Gerardo Morales took office in December 2015, who institutionalized two paradigms: an indigenous institutionality aimed at controlling indigenous peoples and a punitive institutionality toward protests, prioritizing the defense of public order over human rights. Additionally, it describes the partial reform process of the provincial Constitution to contextualize and delve deeper into the analyzed issue. Finally, the study identifies two strategies employed by state authorities during the protests to criminalize them: on the one hand, political and discursive strategies; and on the other, criminal and contraventional strategies.

The crime of instigation of genocide: Analysis of its concurrence in the conflict between Israel and Palestine

Sebastián Henríquez San Martín, Mauricio Riera Vergara — Sat, 28 Dec 2024 00:00:00 +0000

Public and direct incitement to commit genocide is punishable under international criminal law. This crime will be analyzed, consulting the relevant doctrine and international jurisprudence. Finally, it will be determined whether some of the authorities of the State of Israel have publicly and directly incited to commit the crime of genocide against the Palestinian population since October 2023.

Multinormative democracy and interpretation in the Federal Supreme Court: Socio-legal links of key cases on the time framework in Brazil

Elvis Gomes Marques Filho — Sat, 28 Dec 2024 00:00:00 +0000

The objective of this article is to analyze multinormative democracy based on the Federal Supreme Court's (STF) interpretation of the time frame thesis in Brazil. Regarding the methodology, bibliographic and documentary research was conducted using the deductive-normative method and content analysis. The research problem revolves around the interpretations of the constitutional legal norm regarding the time frame thesis in the Supreme Court. The main hypothesis proposed is that the Court distorts the fundamental right to traditional indigenous territories by undermining the active participation of these peoples in the judiciary, as a consequence of a judicial elite project. This offends multinormative democracy by disregarding the various biases that society brings to the judicial process, especially those from vulnerable groups.

The use of boycotts as a lawful response to serious international law breaches in Palestine

Nadia Silhi Chahin — Sat, 28 Dec 2024 00:00:00 +0000

This paper explores the lawfulness of BDS, the Palestinian civil society´s call to Boycott, Divest, and Sanction the State of Israel for its serious and systematic violations of international law against the Palestinian people. To this end, the paper begins by explaining the origins, methods, and objectives of the BDS movement. It then addresses the legal legitimacy of BDS on three levels: within the universal human rights protection system (the UN), in the only regional protection system where it has been addressed (the European system), and within the domestic jurisdictions of states where it has been part of the legal debate in recent years. The paper concludes that calling for BDS is part of the exercise of the right to freedom of expression, which is protected both by international human rights instruments and in most democratic legal systems, and that international and national courts that have addressed these cases have generally understood it as such.

The intersection of artificial intelligence and human rights: An analysis from constructivism and realism in Chilean foreign policy

Sebastián Smart, Alberto Coddou — Sat, 28 Dec 2024 00:00:00 +0000

This study examines the intersection between artificial intelligence (AI) and human rights in Chilean foreign policy from the perspectives of constructivism and realism. It highlights how Chile has integrated human rights into its national identity and foreign policy, positioning itself as a global advocate for these principles. However, strategic challenges related to technological dependency and geopolitical positioning are identified. The analysis of regulatory experiences in Latin America suggests a trend towards harmonization with international standards, which can strengthen the regional position in global AI discussions. Finally, it is proposed that Chile can lead in the ethical regulation of AI in Latin America through a coordinated and consistent approach between its national policies and international projection.

Pain compliance, disability and torture:Lessons from Chile and Colombia on the use and effects of less lethal weapons

Javier Velásquez Valenzuela, Lucía Guerrero Rivière, Felipe González — Sat, 28 Dec 2024 00:00:00 +0000

The design, operation, and deployment of certain less-lethal weapons (LLWs) is justified on the technical principle of pain compliance. Such devices allow state authorities to use force in contexts where the use of conventional firearms is not justified, such as in protests or evictions. However, their use can result in injury and serious consequences for those subjected to the use of force. Focusing on eye injuries caused by kinetic impact projectiles during social protests in Chile and Colombia as a starting point, this article problematizes this technical principle from the perspectives of criminology, policing studies, and disability studies. We delve into the effects of these weapons, including the proliferation of permanent disabilities among injured individuals. We argue that, in their attempt to avoid lethality, the design of less-lethal weapons overlooks, on the one hand, the possibility of causing these disabilities and, on the other, how their possible uses might constitute torture. Furthermore, patterns of use in crowd control and detention contexts have a significant impact on persons with disabilities, highlighting the need to adopt a disability justice perspective when assessing and monitoring these weapons. We conclude by offering recommendations for practice and potential avenues for future research stemming from our initial reflections on less-lethal weapons, policing, and disability.

Community-based care provision: Fulfilling or subsidizing the right to care?

Antonia Urrutia Codner — Sat, 28 Dec 2024 00:00:00 +0000

The paper addresses the concept of community care, analyzing its relationship with the guarantee of the right to care and its role in the social organization of care. First, the concept of care is studied, followed by an analysis of how community care fits within the social organization of care. The role of community care is then problematized, as it primarily arises in response to the lack of state provisions and the inability to access the market for care services, leading to questions about its role in a society that guarantees the right to care. Finally, the paper concludes that communities have an irreplaceable role in the provision of care due to the social motivations and forms that community care can take. However, their function should not be to compensate for state deficits and must be performed under decent working conditions and in compliance with the standards of the right to care.

Sobrevivir y contar: Relatos que construyen memoria

Sofía Chackiel Durán — Sat, 28 Dec 2024 00:00:00 +0000

Desafíos y perspectivas: El movimiento transfronterizo en democracias contemporáneas

Maya Khalife-Hamdan — Sat, 28 Dec 2024 00:00:00 +0000

Daniela Marzi Muñoz, presidenta del Tribunal Constitucional de Chile: La importancia de acercar el Tribunal Constitucional a la ciudadanía

Pietro Sferrazza Taibi — Sat, 28 Dec 2024 00:00:00 +0000