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INDONESIA
Ius Humani. Law Journal
Published by Universidad de Los Hemisferios
ISSN : 1390440X     EISSN : 13907794     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 225 Documents
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Yanomami indigenous emergency through an anti-corruption perspective de Sá Souza, Marina Marques; Veras Neto, Francisco Quintanilha
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.406

Abstract

The article investigates the Yanomami indigenous emergency, declared in January 2023 by the Brazilian federal government, through practices of corruption: illegal mining, bribery, capture of public policies, and extortion. The study " Fragile Land Governance, Fraud, and Corruption: A Fertile Ground for Land Grabbing," conducted by Transparency International - Brazil (TI), serves as a conceptual basis for defining and identifying corrupt practices in the Yanomami Indigenous Land (TIY). The violation of rights to access to justice and participation is also examined in light of the dismantling of the National Indigenous Peoples Foundation (Funai) and the lack of protection for environmental rights defenders. An empirical, bibliographic, and document analysis research approach is adopted. The study concludes that while integrity actions, and measures to prevent and combat corruption, can be adopted to tackle illegal mining in TIY, it is necessary to incorporate into the discussion and praxis of the collectives defending indigenous rights the contradictory understanding of the legal form as a maintainer of the structure that detaches indigenous peoples and traditional communities from their territories.
State institutions and their role in supporting the integration of internally displaced persons: a management perspective on migration processes Kapinus, Oleksandra; Petrukha, Nina; Plaksun, Anton; Velykyi, Yevhenii; Havrik, Roman
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.407

Abstract

In the context of migration growth, the challenges of regulating migration are exacerbated, increasing the burden on state structures responsible for migrant adaptation and migration control. To determine the effectiveness of state structures in managing migration processes, the following objectives were formulated: to study international recommendations on migrant rights; to identify countries with the highest levels of migration; to study the activities of state immigration authorities in the country with the largest number of migrants; to create a unified coefficient for determining positive migration; and to assess the state of protection of the rights of internally displaced persons (IDPs) in Ukraine. The study used bibliographic, analytical, deductive, inductive, synthetic, logical comparison, graphical, correlation analysis, and mathematical modeling methods. The results revealed that the United States (U. S.) leads the number of immigrants, and that the use of the Human Development Index (HDI) to analyze migration is ineffective. Thus, a mathematical calculation of the positive migration coefficient is proposed based on the criteria of the international agreements of the Global Commission on International Migration. This paper presents the structure of the state administration of IDPs in Ukraine in comparison with international requirements for respecting the rights of migrants, and identifies its weaknesses and strengths.
Between violence and justice: the act of judging in the light of Paul Ricoeur's philosophical anthropology Pires Guedes, Maurício; Neves Justino, Lucas
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.408

Abstract

Based on the central concepts of narrative identity and institutional mediation, the text addresses the notion of the subject of rights according to Paul Ricoeur, highlighting its dynamic nature and the multiple elements that shape its identity. Ricoeur proposes that the subject of rights goes beyond a simple legal construction, being grounded in the articulation between autonomy and vulnerability. This duality underscores the importance of narrative identity, in which personal history is continuously built and modified, enabling the individual to understand themselves and to be recognized within the legal order. The personal narrative, embedded in the symbolic orders of law, is considered an essential element for the subject to act not merely as a bystander but as a protagonist in their own journey. However, the development of these capacities depends on institutional mediation, which facilitates the transformation of the subject's potential into effective rights. This mediation establishes a dialogical environment that fosters the active participation of the parties in the judicial process, contributing to decisions that reflect mutual understanding and promote justice. Moreover, the text discusses the act of judging, emphasizing that the performance of the judiciary should go beyond the formal application of norms. By creating a space for reciprocal interaction, the judiciary legitimizes its role as mediator, allowing the judicial decision to emerge from a thorough analysis of the arguments and narratives presented, thereby reinforcing the recognition of subjects and the consolidation of a just and peaceful society.
Human rights and control of personal data in the digital economy: EU legal case studies and recommendations for Vietnam Trung Hau, Vo
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.409

Abstract

Personal data is strictly managed and protected because it is a matter related to human rights. According to the European Union (EU) law, personal data control is a fundamental right recognized in the European Convention on Human Rights (ECHR) and the EU Charter of Fundamental Rights. Based on the analysis of the content of EU regulations on this issue, the article recommends improving Vietnamese law. The article recommends that Vietnamese law develops regulations on personal data protection in technology-neutral language. In addition, there should also be specific regulations explaining the term personal data. Accordingly, personal data includes not only information that can be linked or associated with a particular individual at the time the data are processed, but also all information that may be linked or associated with that individual during future processing, possibly by technological means that were not yet developed at the time the personal data were collected or generated.
Review of gynecological-obstetric violence from current regulation and legislative proposals: a comparative study Palomares Herrera, Manuel
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.410

Abstract

The absence of doctrinal research on gynecological-obstetric violence is at the same level as its advance in the Administration, or at least with different speeds between States. Therefore, in this study we present how it is currently regulated in Spain and in several Latin American countries, which jurisprudential digest is developing its new issues and how a special florilege is being projected for a subject that is still in a primitive phase in parliamentary spheres but effervescent. in the professional debate in the healthcare union, patient associations and jurists in the healthcare sector.
Protecting human rights and upholding international humanitarian law amid the war in Ukraine Rudnytska, Olha; Zlakoman, Ihor; Podilchak, Olha; Vitenko, Zakhar; Khrust, Dmytro
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.411

Abstract

When evaluating the relationship between humanitarian law that only involves armed conflicts and human rights that apply in peacetime and war, the main question is whether the protections provided to persons under the latter are less than those under the former. The paper explores the many facets of this issue, including the general interplay between humanitarian law and human rights law, the applicability of specific human rights in the context of armed conflicts, among more, using the example of the war in Ukraine. The methodological toolkit includes a systemic-structural approach, generalization, the method of scientific abstraction, and the method of logical and systemic analysis. The article has shown little evidence to support the preconceived notion that humanitarian law can supersede human rights law, since it is lex specialis. Likewise, it is demonstrated that human rights and humanitarian law norms disclose a comparable substance when humanitarian law protections are enforced as required by their content. In some situations, the protection provided by human rights legislation is equal to or greater than that provided by humanitarian principles; however, the inherent constraints of human rights treaty norms allow for considering humanitarian law's criteria for proportionality, humanity, and military necessity. Therefore, the International Criminal Court's (ICC) capabilities and potential to assess violations of international humanitarian law (IHL) during the war in Ukraine and the prospects for issuing binding decisions are assessed. Overall, the study asserts that the war in Ukraine can serve as an important precedent for the development of IHL and its implementing principles.
Vicarious violence and gender in the Andean Community: regulatory challenges with emphasis on the ecuadorian case López Ruiz, Iliana; Maldonado Erazo, Elizabeth; Burbano Coral, Veronica
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.412

Abstract

The article analyzes vicarious violence as an extreme and specific manifestation of gender-based violence, characterized by the use of sons and daughters as instruments to emotionally harm women. Through a legal-dogmatic and comparative law approach, the paper also examines Ecuador's regulatory gaps, progress and challenges in Andean countries, and international human rights law standards. To achieve the research objective, a methodology of legal and documentary analysis is employed, aimed at systematically studying the normative treatment of vicarious violence as a specific manifestation of gender-based violence. The approach is based on a comprehensive review of national and international normative sources, relevant constitutional jurisprudence, specialized doctrine, as well as recent legislative proposals related to the subject. It concludes that the autonomous recognition of this form of violence, together with the adoption of intersectional public policies with a gender perspective, is essential to guarantee effective protection for women, children, and adolescent victims.
Ensuring people's right to participate in the building and perfecting of the legal system in Vietnam today Van Dai, Nguyen; Hoai Bao, Luu
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.413

Abstract

Promoting democracy, ensuring people's right to participate in politics, the theory of state governance, and the good state governance are topics of special interest in political science and law in Vietnam as well as in other countries. The driving force and requirement of state governance is to promote democracy and human rights associated with the increased level of people's participation in the organization and operation of the Government in general, and in legislative activities in particular. The article analyzes the theoretical and legal basis of people's right to participate in politics, assesses the current situation, and proposes some solutions to better ensure people's right to participate in politics in law-making in response to the requirements of promoting democracy and ensuring state governance in Vietnam today. At the same time, the right to participate in politics also contributes to strengthening people's trust in the political system, creating momentum for the country's sustainable development. However, for this right to be fully effective, there must be clear legal mechanisms, creating conditions for citizens to participate in politics in a fair and effective manner. When the right to participate in politics is guaranteed, society can become more equitable and progressive, and it can develop more firmly. In that sense, the collection and response to people's opinions and contributions must be carried out according to a clear mechanism, avoiding formalities and ensuring that legal decisions reflect people's will.
Transitional justice and victims' rights in Colombia Romero Medina, Flor Alba
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.414

Abstract

This article makes a report on the Peace Agreement signed between the Colombian government and the Revolutionary Armed Forces of Colombia, People's Army -FARC-EP-, after more than 5 decades of a degraded war, in which the civilian population has put the highest share of victims and suffering, and the decision to create, within the framework of said Agreements, the System of Truth, Justice, Reparation and Guarantees of Non-Repetition -SVJRNR-, in which the Special Jurisdiction for Peace -JEP- is the legal body of the system that acts from transitional justice, analizing its characteristics and benefits, with a restorative justice approach, in which the benefits of this type of justice are indicated, both for the victims and for the offenders, with the centrality on the victims of the armed conflict, victims who have been more widely recognized from said Agreements, where illegal armed actors, members of the public force and members of illegal armed groups are indicated as responsible, briefly indicating some restorative actions for the victims such as the reconstruction of the social fabric and healthy coexistence, support in the development of historical memory, work on infrastructure projects, and its significance in building a stable and lasting peace. Although retributive Justice has proven to be ineffective, restorative transitional Justice offers a different solution, on that connects perpetrators and victims; it is being implemented in the country, doubts and mistrust remain, both among victims and in society at large.
Anti-corruption laws as a pillar of national security protection: wartime peculiarities Madryha, Tetiana; Berezovska-Chmil, Olena; Kobets, Yuliia; Bortnikov, Valerii; Panasiuk, Oleksandr
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.415

Abstract

The analysis focuses on how anti-corruption rules ensure both national security and support it during times of war when corruption endangers stability. Our study checks if existing anti-corruption rules and institution systems help protect national security effectively. The research methods compare different anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA), the PIF Directive (Protection of the European Union's Financial Interests Directive), and the Ukrainian national legislation. This research uses both quantitative Corruption Perception Index (CPI) measurements alongside computer-based systems to spot corruption. Our findings prove that, when governments stay separate from anti-corruption efforts and institutions support political stability combined with economic openness, it is possible to create social unity. Therefore, comparing international frameworks, especially the PIF Directive, against Ukrainian conditions can boost efforts to adapt the Ukrainian anti-corruption policy to its unique requirements. Likewise, digital technologies assist transparency according to research that shows how artificial intelligence (AI) monitoring systems and electronic systems for purchasing items help achieve this goal. On the other hand, corruption during wartime prevents the military from performing effectively while leading to wrong resource usage and losing public support. The analysis shows that nations must develop strong corruption prevention methods in hybrid conflicts to defend their security interests. The results help create anti-corruption policy suggestions for Ukraine that focus on strengthening legislation and digital platforms while preserving autonomy of anti-corruption institutions. Our findings help both experts and officials of public administration improve governance and security for both academics and policy makers. These findings indicate that researchers should inspect the long-term success of anti-corruption actions and their ability to strengthen national resistance against external danger.

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