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This paper addresses the relationship between the life of the Spanish legal philosopher, Gregorio Peces-Barba Martinez, and the development of human rights and fundamental rights in the Spanish university environment in the nineties. It is analyzed its evolution in Argentina in the same period of time. Finally, this work highlights both, the integral (and three-dimensional) bases of the thought of the Spanish teacher, and the scope they have at present and in the future of all human rights. [ABSTRACT FROM AUTHOR]

Spanish legal discussion on the rights of transgender people and the possible collision with other legally protected interests has been fuelled by the recent approval, by the Council of Ministers, of the draft Law for the real and effective equality of transgender people and for the guarantee of the rights of LGTBI people. In this context, this paper sets out to find out what the legal reality of trans people is beyond our borders, specifically, within the Inter-American Human Rights System, with the main aim of finding tools and interpretative keys which, from the legislation and legal conflicts of the countries analysed, provide lessons for the Spanish legal debate. [ABSTRACT FROM AUTHOR]

The paper focuses on the question whether the human rights could be ascribed to non human persons, and in particular, to corporations. This question is analyzed by (a) exploring the link between human rights and corporations through the freedom to conduct a business as a fundamental right, by (b) looking into the process of corporate “humanization” carried out in the courts, and by (c) explaining how ascribing human rights to non humans does not necessarily mean lessen the position of human beings. [ABSTRACT FROM AUTHOR]

Human dignity is a central value in all legal traditions. It also plays an essential role in the universal and regional protection of human rights. This paper recovers Kantian classic treatment of dignity and offers a contemporary reading that will help us to deal with current problems. The jurisprudence of the Inter-American Court of Human Rights uses the idea of human dignity to justify many of its decisions. The Latin American democracies, in spite of some fragilities inherited from their recent turbulent history, show strength and importance of dignity for guarantee of human rights. [ABSTRACT FROM AUTHOR]

The political subject that carried out the constituent processes of Bolivia and Ecuador was not conformed by a classic labor party but by the aggregation of multiple movements or struggles of groups in situation of vulnerability. This nature of the constituent subject determined that the form of emergent social constitutionalism was not based, like the European one, on the subjectivation of labor and recognition of rights linked to work-salary, but on the visibility of social groups excluded until now and their inclusion to the citizenship. This paper explains how these two constitutional texts are rich in references and mechanisms for the recognition and guarantee of the specific rights of disadvantaged or minority groups and anti-discrimination law and where these rights do not take the form of complementary rights, as happens in European constitutionalism, but rather the form of what we will call constituent rights. [ABSTRACT FROM AUTHOR]

This research approach the phenomenon of forced disappearances and false positives in Colombian context. This paper then attempts to address the issue from two perspectives that eventually intertwine with each other. By one hand it is significant to establish patterns of enforced disappearance using the judgments of the Inter-American Court of Human Rights, particularly in cases where Colombia is involved. By the other hand, it is useful to consider whether summary and arbitrary executions, for example, false positives, represent an isolated behavior or, conversely, identify a kind of systematicity. After that it is essential to establish if in both cases, is it possible to define some elements to identify those as crimes against humanity and more so, if they can be the result of a state policy, although not official, but recognizable trough some specific violent actions, such as the struggle with the armed conflict within a possible democratic security plan. [ABSTRACT FROM AUTHOR]

The new legislation and jurisprudence appeared in the period 2007-2013 on the right of association have allowed reconfigure this fundamental right and define its roles in the Spanish constitutional system. On the basis of the dignity and the free development of the personality, this paper analyzes the status of the right of association and its ten roles since the political transition to today: it role in the constitutional value system, in the jurisprudential basis of the rights of individuals, the right of association as common regulatory of other rights (particularly, political parties, trade unions and foundations), the right of association and its instrumental function for other rights, the autonomic laws of association, and its roles in the European integration and in the institutional representation. [ABSTRACT FROM AUTHOR]