Chornancap Law Review

Protection and welfare of animals in Spanish law

2025-02-12T20:04:42+00:00

Twenty years after the crime of animal abuse was introduced for the first time in Spain, the organic law 3/2023 carried out a new modification of the Penal code, and that same day, March 28, 2023, Law 7/2023, on the protection of animal rights and welfare, is promulgated. The reform continued in the line of its predecessors (those of 2010, 2015 and 2021), bringing the legal-criminal regulation of animals as sentient beings closer to that of the person, integrating an increasingly larger number of them (vertebrates), making responsible not only to the individual perpetrator but also to the center that housed the animal, if it were the case, incorporating new aggravating circumstances (now a total of ten, including the death of the animal) and new penalties, some such as fines, not so well received by some doctrinal sectors. This article outlines some of the main reforms and offers some suggestions for improvement. It concludes that, despite the increase in prison sentences for the death of an abused animal, there is still no provision for disqualification from living with animals, and there are no regulations governing the permanent removal of abused animals.

The State's liability regime in light of the standards set by the Galetovic Sapunar and Others v. Chile ruling. An analysis of the Chilean situation

2025-07-14T10:12:33+00:00

This article aims to analyze the effects of the recent Galetovic Sapunar et al. v. Chile judgment by the Inter-American Court of Human Rights, particularly regarding the statute of limitations for indemnity actions arising from human rights violations that do not constitute crimes against humanity or are not considered serious human rights violations but are nonetheless attributable to the State. To this end, the article first examines the Galetovic Sapunar judgment and the standards established by the Court. Secondly, it reviews the prevailing approach in Chile concerning indemnity actions against the administration, with a particular focus on the rules governing extinctive prescription. Based on these two aspects, the article analyzes the necessary changes to ensure compliance with the judgment and align the domestic legal framework with the standard set by the Inter-American Court of Human Rights.

The child's right to be heard

2025-07-14T10:12:33+00:00

In Ecuadorian legal proceedings involving minors, a problem arises that has received little attention: the distinction between the right to be heard and the mere act of hearing them. The main objective of this paper is to address this issue through a critical analysis from a national and conventional legal perspective. A qualitative method was used to compile and analyze primary sources, applying techniques such as the compilation of specialized bibliography, analysis, and summarization. Legal hermeneutics was used as the method for analyzing the regulations. As a result, it was possible to determine the differences between hearing and listening to minors in legal proceedings involving them. It concludes that there is an imminent need for judges to consider parameters in the administration of justice, thereby guaranteeing the rights of minors to effective judicial protection, legal certainty, best interests, and the right to defense, based on the understanding that “hearing the minor” implies paying sufficient attention, understanding their expressions, gestures, and words.

Certiorari and Interlocutory Judgments in Peru

2025-07-14T10:12:32+00:00

The objective of this research is to analyze the feasibility of implementing certiorari in the national legal system, evaluate the discretionary criteria used in interlocutory judgments, and propose solutions that guarantee the protection of fundamental rights, especially in light of judges' discretionary power to decide whether or not to hear a case. To this end, a doctrinal and jurisprudential analysis methodology has been used. The importance of certiorari as a mechanism that allows the Supreme Court and the Constitutional Court to select cases of constitutional or legal relevance, thus optimizing their jurisdictional functions, is highlighted. Although this concept has been developed mainly in common law systems, it’s possible application in a civil law system, such as Peru's, has generated doctrinal debate. Nevertheless, its implementation could contribute to strengthening the institutional role of the higher courts, allowing for a more rational use of resources, guaranteeing respect for procedural principles, promoting the speed and predictability of proceedings, and significantly reducing the procedural burden.

In defense of a general right to equality

2025-07-14T10:12:24+00:00

This article examines the various forms that the right to equality takes in national and international provisions, distinguishing between those of an “ancillary” nature - which protect against discrimination only in relation to certain recognized rights - and those of “general application,” which cover all state acts. Based on this classification, it argues that both closed and open lists of prohibited criteria have limitations in guaranteeing comprehensive protection. In response to this, it raises the need for a general right to equality, the existence of which is implicit, for example, in Article 24 of the American Convention on Human Rights (ACHR). Through an analysis of the German system, particularly Article 3 of its Basic Law, it is justified how this general right offers a broader and more effective framework for assessing equality and combating discrimination that falls outside traditional lists. It is argued that a consistent interpretation of the ACHR implies recognizing the general dimension of the right to equality, thus overcoming the limits of accessory prohibitions. This would strengthen legal protection against unjustified treatment, promoting a more robust human rights framework in national and international contexts.

Weighted equality. The general principle of equality as a double standard

2025-07-14T10:12:23+00:00

This article offers an analysis of the right to equality recognized in Article 3 of the German Basic Law, in dialogue with the jurisprudence of the Federal Constitutional Court. In contrast to a reduced view of the principle of equality as a simple mandate for equal treatment, it proposes a reading that conceives of it as a dual or double rule: one that imposes an obligation to treat equally those in equivalent situations, and another that requires differential treatment when circumstances justify it. This conception allows a better understanding of the structure of the right to equality as a principle that does not prohibit all inequality, but only that which is arbitrary or unjustified. In this sense, the article analyzes how this dual dimension of the principle of equality affects the application of the proportionality test, particularly in the weighing phase, where the interests at stake must be balanced in light of the mandate of substantive equality. It is argued that only by recognizing this complex nature of the right to equality is it possible to ensure effective protection against discrimination, as well as an adequate substantiation of normative distinctions in constitutional contexts.

Equality rights as legal and factual optimization requirements

2025-07-14T10:12:22+00:00

The theoretical-structural question of constitutional dogma refers to the relationship between equality rights and subjective rights, both in terms of constitutional provisions on equality rights and the dimension of equality of other rights. There is a parallel between equality in relation to acts (as prima facie abstract and negative equality rights) and negative legal freedoms, while “factual” equality in relation to consequences (prima facie abstract and positive equality rights) reflects the dimension of equality of rights of provision. There are three possible models for examination: the prohibition of arbitrariness (as a model of rules), the proportionality test with or without the scope of protection-intervention-restriction scheme (both as models of principles). A formula for the concrete weighting of equality rights must be observed in the balancing of the accumulation of legal and “factual” equality with other fundamental rights.

What is equality?

2025-07-14T10:12:25+00:00

This article offers a critical analysis of the concept of equality, exploring its multiple interpretations and key distinctions within Western thought. It seeks to clarify conceptual ambiguities that often hinder constructive debate on social justice. Two main forms of equality are discussed: simple equality, which assumes identical treatment regardless of differences, and proportional equality, which allocates resources based on relevant attributes such as effort, need, or ability. Drawing on Aristotle’s philosophy and modern developments, we examine how both notions coexist and interact, especially in contexts of distributive justice. The paper also explores normative principles used to justify social distributions: contribution, need, benefit, and capacity. It argues that clarifying these categories enables partial consensus on fairness, crucial for designing equitable public policies. The article combines philosophical depth with practical relevance, offering a useful framework for navigating contemporary challenges related to equity and justice.

Gender equality

2025-07-14T10:12:25+00:00

The gender perspective considered transversally is considered in this study around three crucial aspects: the reconciliation of family life and professional life of parents and caregivers; domestic violence, gender-based violence and violence against women and gender-based asylum. In such a way that the latest developments and controversies are analyzed from an analysis of the recent changes introduced at the European level considering the care measures, the construction of the offenses in the new Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence, as well as the need for an introduction of gender-based persecution in the new Regulation 2024/1347 for the recognition of third-country nationals or stateless persons as beneficiaries of international protection, to a uniform status for refugees or for persons eligible for subsidiary protection and to the content of the protection granted, and amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council.

Gender equity in the electoral process

2025-07-14T10:12:29+00:00

This article analyzes gender equity in the context of the electoral process within the Mexican judiciary. The study examines the problem of women's representation in positions of power and decision-making, as well as the structural challenges that persist in achieving full inclusion of women in the judicial system. The objective is to assess the impact of recent structural reforms on gender equality within the judiciary. The methodology used is based on a documentary and regulatory analysis, reviewing legal reforms, academic studies, institutional reports, and official statistics. The main findings highlight significant progress in female participation but also reveal structural barriers that continue to limit gender equity in judicial selection and appointment processes. Finally, the article underscores the importance of ensuring gender parity as a fundamental mechanism to strengthen democracy and guarantee equal access to judicial representation bodies.

The legal evolution of equality in the Central American constitutional bloc

2025-07-14T10:12:28+00:00

It is true that the fundamental right to equality is a guarantee provided for in supranational regulatory provisions. Since the emergence of important critical junctures in public international law, equality has represented the starting point for the transformation of societies that have now established themselves as republican political systems. However, it is also true that, from a legal point of view, the effects of the provision and guarantee of the fundamental right to equality vary from one territory to another. This academic contribution first presents the constitutional designs of Central America in terms of the normative provision of the right to equality; then, it problematizes the differentiated implications of protection, guarantee, and provision that citizens face in that region. This analysis seeks to argue that, even though legal systems have constitutionalized equality as a right, inequalities persist that the law has proven insufficient to address.

Thinking about the “new” Equality

2025-07-14T10:12:27+00:00

This article provides an explanatory and historical account of Equality, considering its constitutive bases fifty years ago, and then provides elements of a diagnostic and casuistic update, in which its current complications and difficulties on a global scale are made explicit, as well as describing the distortions in the justice system when mechanisms of undue economic influence are developed that corrupt the institutional order. It also develops a basic prospective of equality based on recent developments in international human rights jurisprudence, specifically the reports of the UN Special Rapporteurs. Finally, elements of the relationship between the “new world” of rights and emotions are noted. Concluding that, between the revaluation of the human condition and the marketing of digitized perfection, there is space to breathe, recharge our batteries, and not succumb to the frenetic pace of digitalized time so characteristic of cities, and that this needs to be recognized for its precedence and inherent dignity; and, in the not-too-distant future, to consolidate “The right to be sufficient”.

Equality in Argentine law

2025-02-24T13:18:27+00:00

Equality in law stands as a fundamental pillar of modern legal systems, although its content, scope, and effectiveness remain subject to ongoing debate. Both legal doctrine and jurisprudence - shaped by historical, political, and normative contexts - have delineated the contours of this law, giving rise to approaches that range from a formal conception to a substantive one. In this regard, the present article seeks to examine, through the study of the Argentine constitutional system and its reforms, the two predominant conceptions found in national legal doctrine and case law: equality as a “norm” and equality as a “value.” Building on this foundation, a third conceptual proposal is introduced: equality as a “principle,” framed within the theory of fundamental rights developed by German jurist Robert Alexy, which offers a renewed perspective for understanding the issue. Finally, an Argentine judicial decision is analyzed in which these conceptions are confronted, exploring the practical implications of their application in the context of judicial review of constitutionality and conventionality.

Human rights and migration in Peru

2025-07-14T10:12:30+00:00

This research analyzes the relationship between human dignity, the principle of equality, and fundamental rights in the context of migration. Its main objective is to examine how the legal recognition of equality impacts access to fundamental rights by the migrant population, identifying normative and structural barriers that limit their exercise. A basic qualitative approach was used, with a non-experimental design based on observation and critical analysis of specialized sources. The study population included relevant doctrine, jurisprudence of the Constitutional Court and the Inter-American Court of Human Rights, as well as national and international regulations on equality and migration. The main findings show that, although international law establishes equality between nationals and foreigners, in practice restrictions persist that affect migrants' access to certain rights. The research concludes that the implementation of migration policies must balance state sovereignty with the protection of human dignity, avoiding discriminatory regulations that perpetuate exclusion.

Editor's Note

2025-07-14T10:12:21+00:00

Equality has been a recurring theme in political and philosophical discussions within constitutional democracies, particularly when discussing fundamental rights. Although equality is a recurring right in the first catalogs of fundamental rights, its content and effectiveness have changed over time. The right to equality, as a moral right, is based on the central idea that all human beings are similar in their abilities and importance, and therefore should have the same rights and opportunities. This very broad moral right has been embodied in positive law in a variety of provisions, which often establish a series of prohibited criteria that serve as reasons for distinguishing between people. Criteria such as sex, race, ethnicity, economic status, religious belief, origin, etc., are generally excluded as reasons for distinguishing between individuals or groups. Such prohibitions on discrimination can be found in almost all national, international, and supranational catalogs of fundamental rights. This has led to the study of equality rights generally focusing on justifying the presence or analogy of some of these criteria in specific cases. However, the right to equality is more complex than it may seem at first glance.

Ferrajoli, L. (2024). Why an Earth Constitution? Foundations and draft Constitution. Palestra Europa

2025-07-14T10:12:30+00:00

In his reasoning, Ferrajoli examines the global crisis that threatens human and ecological survival, citing landmark events in history such as the COVID-19 pandemic, global warming, nuclear proliferation, structural inequality, and armed conflicts that have escalated worldwide. This series of threats and emergencies that transcend borders cannot be addressed by nation states in isolation. Therefore, Ferrajoli argues that a supranational constitutional structure is necessary and mandatory, one that is not caught up in dangerous neoliberalism, that limits sovereign power, and that guarantees universal fundamental rights, since its omission seriously compromises any conception of the future. This argument is based on a theoretical approach to constitutionalism that focuses on guarantees, which is central to his thinking...