Ius Humani. Law Journal
Ius Humani Law Journal is a platform (iushumani.org) open to researchers around the world. It contains articles in all languages, where writers publish original studies on persons rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies are viewed both form the philosophical perspective and the perspective of the fundamental juridical principles. Ius Humani’s purpose is the diffusion of knowledge, and the promotion of debate on different juridical perspectives.
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<![CDATA[La evaluación y revisión del criterio de ciudadanía y su distinción de otros conceptos similares en la legislación iraní ]]>
<![CDATA[Abbas Zera’at]]>;
<![CDATA[Meysam Nematollahi]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 6 (2017) ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
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DOI: 10.31207/ih.v6i0.170
<![CDATA[Citizenship is one of the concepts discussed in most fields of humanities. Each field has studied it within a context regarding its perspective. The criterion of citizenship has been neglected in most of these studies and has received less attention. Who are the subjects of this word? This argument is necessary because words have their own effects and cases in the law; therefore, it is necessary to determine the subject before the other rights and duties are considered. Similarly, the present research is an attempt to find out what people are subject to citizenship. By considering the existing rules of the law, it can be seen that issues such as nationality and residence are older than “citizenship”. However, none of these issues can be a criterion for citizenship. Even the subject of human legal documents cannot be dealt with as a criterion of citizenship because the acceptance of each criterion has some challenges. What is certain is that being a citizen is itself a factor for citizenship and should be considered as a condition for citizenship according to its components.]]>
<![CDATA[Vida y razonabilidad ]]>
<![CDATA[Luis Castillo Córdova]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 6 (2017) ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
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DOI: 10.31207/ih.v6i0.119
<![CDATA[This paper is intended to explain the constitutional content of fundamental right to live of the unborn human being. Particularly we want to establish if a measure referring to the unborn human live can be reasonable and therefore acceptable. We would try to answer this question through the Constitutional Case EXP. 02005-2009-PA/TC, devoted to analyze the constitutional validity of the State decision allowing the free distribution of the morning after pill. Constitutionality test correctness will be doubly justified, using the theory of conflict between fundamental rights, as well as using the opposite theory that denies that such a conflict between rights could exists.]]>
<![CDATA[Estudio comparado sobre transparencia y derecho de acceso en el ámbito internacional y su influencia en España ]]>
<![CDATA[Manuel Palomares Herrera]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 6 (2017) ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
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DOI: 10.31207/ih.v6i0.131
<![CDATA[In order to understand and assimilate the current evolution and the international scope of public transparency and the right of access to public information holistically today, a study of an international set of norms of different dimensions is proposed. To this end, systemically, a compilation and classification of international standards, declarations, provisions and resolutions is carried out first, and secondly a European level in Community declarations, directives and own resolutions. To this follows a commentary and a florilegio that brings to light the current situation of the same from the global to the community. The study concludes in a general overview of what lies in the direction of an emerging right fundamental right of access to public information, the trend and evolution of public transparency on comparative law in which they are reflected in the Recent developments in each field of law.]]>
<![CDATA[Libertad de expresión y límites democráticos ]]>
<![CDATA[José Luis Castro-Montero]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 6 (2017) ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
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DOI: 10.31207/ih.v6i0.85
<![CDATA[There is a significant literature justifying why freedom of speech should be seen as a fundamental right. At the individual level, freedom of speech should be protected to further autonomy. In the public domain, freedom of speech is not only essential for the discovery of truth through the marketplace of ideas, but also fosters citizens’ checks over public officials. The present essay takes an alternative but at the same time integrative approach, by stating that freedom of speech is a necessary condition of political legitimacy and democratic equality. This is particularly important to understand the limits of freedom of speech, as certain laws forbidding free speech may also annihilate political legitimacy to enforce non-discriminatory regulation. In this regard, special laws that protect public officials defamation produce an unintended effect over dissident voices, as these laws exclude them from public debates. Conversely, legitimacy of non-discriminatory laws is justified when opinions are publicly expressed. Advancing this unintended effect of non-discriminatory regulation enforcement, this essay explores the close interdependency of public opinion, political legitimacy and democratic equality. Particularly the Ecuadorian case serves well to illustrate this viewpoint.]]>
<![CDATA[Sulla illiceità dell'aborto ]]>
<![CDATA[Gustavo Arosemena]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 6 (2017) ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
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DOI: 10.31207/ih.v6i0.141
<![CDATA[Abortion is seen as an immoral and unjust act by many. Nonetheless these views are under pressure to conform to the learned opinion on abortion. A variety of prestigious in the field of applied ethics support abortion in one way or another. And it is a dogma of modern liberalism that even if one is personally opposed to abortion, one must accept the neutral solution of its public permissibility. The present article defends the thesis that abortion is immoral and unjust against these contentions. With regards to the moral status of abortion, it argues that the prohibition of abortion is off a piece with the prohibition of killing generally, which is characterized by protecting all human beings equally. With regards to the compatibility of abortion permissibility with liberalism, the article argues that such a compromise is not neutral, but heavily rigged in favor of the interests and world-views of abortion proponents.]]>
<![CDATA[La persecución religiosa en el siglo XXI ]]>
<![CDATA[César Castilla Villanueva]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 6 (2017) ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
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DOI: 10.31207/ih.v6i0.97
<![CDATA[All kind of persecutions are deplorable acts, especially those targeting religious groups, because it limits the freedom of the human being in his relationship with God. Unfortunately, the universal history shows us that religious persecutions have been originated since ancient times. Until now, nothing has been done to prevent it. The present essay applies an historical-sociological approach related to the field of the political sciences to be able to explain the causes of the persecutions privileging the study of the social environment. As empirical evidence have been chosen cases of the Armenian’s genocide late and early nineteenth and twentieth century, and also the case of the religious persecution towards the Izadi population by the terrorist group “Islamic State” (Daesh). Finally, this paper doesn’t aim to find solutions but invites to reflection, resuming intercultural dialogue proposed by the Austrian Hans Köchler and Iranian President Mohammad Khatami during the twentieth century, as an option to develop tolerance and promote understanding between different cultures in order to work together and prevent further cases of persecution in XXI century.]]>
<![CDATA[La fumigación de herbicidas colombiana y el derecho humanitario internacional ]]>
<![CDATA[Natalia Andrade Cadena]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 6 (2017) ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
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DOI: 10.31207/ih.v6i0.123
<![CDATA[The Colombian Government since 2000 has been using sprayings of herbicides in large scales with the aim of destroying illegal crops of coca and poppy plants. This action has been widely criticized; therefore, there have been several studies related to this matter. In the legal area, this issue has been analyzed mainly from the human rights perspective. Nevertheless, this paper addresses this matter from a completely different standpoint. This article’s main objectives are to analyze the aerial spraying of herbicides as an act of war within the Colombian armed conflict and to critically assess its lawfulness under the rules and principles of the International Humanitarian law. In other to achieve those objectives this article gives a brief background of the analyzed practice and explains why aerial spraying of herbicides can be considered an act of war. Furthermore, the reality of this practice is compared with the rules and exceptions of the International Humanitarian Law to finally conclude that the fumigations with herbicides are an open violation of the aforementioned law.]]>
<![CDATA[Evolución histórica de la oralidad y la escritura en el proceso civil español y ecuatoriano ]]>
<![CDATA[Álvaro Mejía Salazar]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 6 (2017) ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
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DOI: 10.31207/ih.v6i0.101
<![CDATA[Ecuador faces its greatest challenge in the history of its non-criminal justice administration: the implementation of the judgment by hearing process. Beyond the debate regarding the weaknesses that, in practice, this implementation experiences, it is convenient to make a retrospective review of the history of writing and orality in the processes. To these effects, the evolution of these forms of communication of the procedural acts will be studied; starting from the old age, through the medieval times, to the colonial, republican and contemporary times of the Ecuador. This will lead us to better understand each method of communication of procedural acts and will confirm the convenience of the oral technique—at least as far as the civil process is concerned. The study follow an historic method that analyze all periods of procedural evolution chronologically. This essay will cover a period between primitive societies and the COGEP (the current non-criminal procedural code).]]>
<![CDATA[La paz del mundo y la perspectiva Islámica ]]>
<![CDATA[Bahram Navazeni]]>;
<![CDATA[Alireza Nabawi]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 6 (2017) ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
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DOI: 10.31207/ih.v6i0.146
<![CDATA[World peace as an ideal situation associated with freedom and prosperity refers to a situation in which all the people of the world work together to avoid war and violence. This article is aimed at analyzing the formation and activation of the United Nations as a momentum of the international community. In Iran, after the Islamic Revolution of 1979 there has been an emphasis on dignity, human values and freedom, with responsibility before God. The Iranian constitution is opposed to all cruelty, oppression, domination and submission, and heralds the provision of social and political freedoms, within the limits of law. The present article is intended to use the descriptive-analytical method in order to study the positive concept of world peace. With the help of library resources and legal documents the present paper aims to explain the sustainable initiatives to creating of world peace contained in the Iranian Constitution, based on the Quranic verses and its interpretations of Ghotb in Egypt and Imam Khomeini in Iran. Among such principles of the constitution, is human happiness in Iran, in the entire Islamic Ummah, and in the whole human community. The Constitution also proclaims independence, freedom, the rule of justice and truth for all peoples.]]>
<![CDATA[Derecho administrativo y derechos sociales fundamentales ]]>
<![CDATA[Jaime Rodríguez-Arana Muñoz]]>
<![CDATA[ Ius Humani. Jornal do direito Vol 6 (2017) ]]>
Publisher : <![CDATA[Universidad Hemisferios ]]>
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DOI: 10.31207/ih.v6i0.113
<![CDATA[The aim of this work is to show that the administrative law of a social and democratic state based on the rule of law is the right that the government has to liberty in solidarity. The method used is specific of legal research; in this case through argumentation and by showing the importance that the constitutional principles have on administrative law. The study opens with an introduction where the matter is put forward, followed by an analysis of constitutional law, and a comment on the incidence of the social state clause on Public Administration and administrative law that heralds the main conclusion: that general interest in a social and democratic state based on the rule of law is fully connected to the promotion of the fundamental, individual and social rights of people. In other words, that the dignity of human beings is central and at the root of public law, whereby all its institutions and categories should be defined and built from this perspective.]]>
