Deusto Journal of Human Rights

The disproportionate representation of a “minority” population in “special education” at school: the case of Spain

Francisco Javier García Castaño — 2024-06-27

Research on disproportionate representation in “special education” has been carried out in the international literature. In Spain, studies on this subject are scarce. In this case, we focus on the study of this disproportion, but within the framework of diversity management in the school context. To this end, a comparison has been made between the data on the foreign population and the Spanish population based on official statistics. In both cases, this refers to the population enrolled in schools in Spain. The statistical data presented in our work show very different percentages of special education for certain nationalities compared to the Spanish population. The evident differences show us the existence of inequalities in schools that are nuanced according to the territories and the ownership of the educational centres.

Received: 29 June 2023
Accepted: 28 September 2023

Migration in transit and the limits of the right to health: the case of the Basque Country

Alejandro Andino — 2024-06-27

Basque Country is one of the easiest points of access to the French territory and in turn to the rest of the continent. This, together with the existing border between Spain and the Maghreb on the south of the country, makes Basque Country a capital crossing point for carrying out a migratory process from North Africa to Europe. In a social and democratic state governed by the rule of law, there is a common minimum of rights that must be respected. The right to health care is one of these rights, and the purpose of this paper is to determine in which legal terms this protection is carried out, and how they are interpreted and executed by the different Administrations in relation to migrants in transit.

Received: 27 June 2023
Accepted: 30 April 2024

The treatment of the migrant alien (gēr) in the legal codes of the Torah. Lessons for today?

Juan Luis de León Azcárate — 2024-06-27

For millions of Jewish and Christian people, the Bible remains the foundational text that guides their lives and social behavior, including that related to migrants and displaced persons. Unlike the legal codes of the Ancient Near East, in which there is no mention of this type of person, in the Torah there are three legal codes (Covenant Code, Deuteronomic Code, Holiness Code) that contain explicit references to the figure of the gēr, a Hebrew term that is quite close to what today is understood by “immigrant” or “refugee”. These codes, dating between the 8th and 5th centuries B.C. show a great concern for displaced persons in vulnerable situations. The article analyzes how each code attempted to respond to the vulnerability of the gēr, justifying it in Israel’s own experience as a displaced people liberated by Yahweh, their God.

Received: 13 July 2023
Accepted: 18 October 2023

Regarding women’s human rights in Argentina. Normative proposals that generate setbacks

Marina Ditieri — 2024-06-27

The purpose of this paper is to analyze the position of international human rights instruments and the opinions of the bodies responsible for their application and follow-up in the domestic legal system. It will then analyze the importance of the interrelationship between the human rights perspective and the gender perspective, in order to present the normative guidelines that mainstream the local legal system. Finally, it will present the setbacks proposed by the Bill “Bases and starting points for the freedom of Argentines”, recently presented by the national executive power.

Received: 18 March 2024
Accepted: 31 May 2024

Unveiling the right to self-transformation and self-enhancement: exploring Transhumanism and its impact on human rights and the future of humanity

Lisang Nyathi — 2024-06-27

The time to discuss, contemplate and philosophize about Transhumanism has inevitably come. Thanks to technology which continues to transform human lives in enormous ways. The length at which technology can go, and how far it can take humans is what transhumanism as a philosophy aims to explore. The significance of studying transhumanism lies not in personal beliefs but in the necessity to confront the profound questions surrounding technology’s influence on human life. Understanding transhumanism has become crucial in the contemporary world because radical transformations through technology are already underway. Consequently, contemplating transhumanism prompts critical thinking about the trajectory of humanity in the face of advancing technology. This exploration raises fundamental questions about the protection of human rights in an era where individuals are willing to undergo radical transformations. An intriguing question emerges about the reception of transhumanism: Could or should it be considered a right to which individuals may be entitled?

Received: 22 May 2023
Accepted: 18 November 2023

Vitoria’s cosmopolitan potential realized: Human nature and human rights via social construction, not natural law

Benjamin Gregg — 2024-06-27

Vitoria’s 1537 lecture On the American Indians asserts moral equality and fundamental rights for all humans but is contradicted by the significant inequalities between Spanish conquistadores and indigenous peoples of Mexico and Peru. Despite recognizing these rights, Vitoria’s vision supports an unequal Euro-American relationship regarding territorial sovereignty, self-defense, self-determination, and religious freedom. His insights have implications for contemporary international law concerning indigenous rights. However, his theological framework limits this potential. To better address indigenous issues today, I advocate reframing Vitoria’s perspective by replacing his natural law-based human-rights essentialism with a naturalistic approach that views human rights as social constructs. This shift can help develop international law to prevent violent interactions and promote equality between indigenous and non-indigenous peoples, reducing reliance on nation states to safeguard indigenous rights.

Received: 03 August 2023
Accepted: 18 April 2024

Garrido, María Belén. 2022. Rupturas presidenciales: las acciones de la fuerza pública ante movimientos noviolentos del Ecuador en 1997, 2000 y 2005. Sevilla: Universo de letras. 382 p.

Christian Danilo Bravo Allaica — 2024-06-27

The review exposes the main theoretical, methodological and empirical contributions of the book Rupturas presidenciales. María Belén Garrido, author of the book, analyzes in depth the relationship between the main factors that influenced the public force to apply a minimum degree of repression to nonviolent movements in the presidential ruptures of Abdalá Bucaram (1997), Jamil Mahuad (2000) and Lucio Gutiérrez (2005) in Ecuador. The review shows the key variables and factors used in the research, the strategies applied in the field work, the organization of the book into chapters and the main findings of the research. The review shows how the book in question offers a set of tools for the study of public forces and their relationships with the governments in power and society.

Ríos Vega, Luis Efrén e Irene Spigno, dirs. 2001. Estudios de casos líderes interamericanos Vol. XXI, A diez años de la sentencia de “Campo Algodonero”: reflexiones sobre el desarrollo de la jurisprudencia interamericana en materia de violencia de género.

Larissa Lizbeth Niño Soto — 2024-06-27

The ruling of the Inter-American Court in the case of González et al. (“Cotton Field”) v. Mexico, became a jurisprudence criteria of extreme relevance due to the inclusion of the gender perspective. This book review expresses an opinion about the book A diez años de la sentencia de “Campo Algodonero”: reflexiones sobre el desarrollo de la jurisprudencia interamericana en materia de violencia de género, which presents a panorama about the jurisprudential situation of the Inter-American Court after ten years since its first judgment on gender perspective, in addition to an analysis of different cases about gender violence addressed by the tribunal. This text concludes that the book, through the valuable contributions of its authors, is a great object of study on the judgments of the Inter-American Court about cases of violence against women.