UNIVERSITAS. Revista de Filosofía, Derecho y Política
UNIVERSITAS. Journal of Philosophy, Law and Politics is an open-access, biannual publication established in 2004 within the Gregorio Peces-Barba Institute for Human Rights (formerly Bartolomé de las Casas Institute) at Universidad Carlos III de Madrid. It was founded through the initiative of its students and professors, with the aim of addressing human rights issues from a multidisciplinary perspective.
Instituto de Derechos Humanos “Gregorio Peces-Barba”
Authors retain the intellectual property and copyright of the articles published in UNIVERSITAS, while granting the journal the non-exclusive rights of editing and publication. In line with its commitment to the dissemination of knowledge, the journal provides free and open access to all its content, thus fostering greater academic and cultural exchange worldwide. Unless otherwise indicated, all texts published in this journal are protected under a Creative Commons Attribution 4.0 International License (CC BY 4.0). This license allows others to copy, distribute, and publicly communicate the material, provided that authorship and the original publication in UNIVERSITAS are properly acknowledged. The journal does not charge any fees for submission, processing, or publication of articles.
Connections between animal ethics and the protection of human rights within the framework of the sustainable development goals
This article aims to highlight the connections between animal ethics and the protection of human rights around the Sustainable Development Goals. The arguments are based on three points: (1) Lives, climate change, and sustainability; (2) Food, health, and well-being; and (3) Justice, peace, and coexistence. This paper suggests that protecting some human rights requires abandoning any manifestation of the logic of domination, especially when it comes to other animals. Furthermore, scientific evidence shows that animal exploitation has negative consequences not only for other animals but also for humans, leading to poorer environmental and health outcomes. Contrary to popular belief, animal ethics may be compatible with human rights discourse.
Secession and revolutionary disobedience
During the last decade, the pro-independence claims of a part of the Catalan society have taken as a legal-political support the alleged «right to decide» of the Catalan people, also using disobedience to the laws of the Spanish State as a means of pressure to achieve its recognition. This paper will analyze the basis and possible justification of such claims from a triple perspective: constitutional, philosophical-legal and international law. We will also deal with the philosophical-legal qualification of the acts of disobedience carried out by institutional officials and pro-independence citizens, finally proposing the legal-political solutions which, in our opinion, could resolve the existing conflict.
Chile is a significant case study. On one hand, it demonstrates apparent and vigorous economic growth. On the other, it reveals a nation marked by a deep disconnect between social demands and popular aspirations, and the political narratives and institutions of the state. After years of public debate and widespread social unrest, an institutional pathway for constitutional reform was opened. Regrettably, the constituent process followed a troubled timeline and produced a difficult outcome. Still, the experience was not entirely bleak. Therefore, This paper aims to show how, despite the adverse result of Chile’s constituent process, it is possible to draw important lessons that, both locally and from a comparative perspective, may serve as valuable input and precedent for political-legal debate.
The COVID-19 pandemic taught us that no one can be saved alone. In a world marked by polycrisis and in which the role of multilateralism is questioned, Latin America, a region in which caring for others and for the planet is part of its history, has the possibility of proposing new forms of international cooperation. In a context of democratic fragility, an International Development Cooperation (IDC) based on the 4Ms (Multiactor, Multilevel, Multilateral, Multicultural) with a human rights approach and gender intersectionality is key to avoid exclusions.
This report aims to bring us closer to the current and, in many cases, unknown reality of the phenomenon of human trafficking for the purpose of sexual exploitation in our country, by consolidating itself as a country of transit and destination, and its many implications in terms of human rights and at an economic and social level. To do this, the current legislation in this specific area will be analyzed, as well as the social demands that call for the approval of a comprehensive law on human trafficking that establishes measures to fight against this form of “slavery in the 21st century”.
The universal right to access health care for the migrant population in Spain, Italy, and Brazil
Metaethics and deliberation in bioethics
In this paper, I argue that constructivism in metaethics is an adequate basis for the objectivity of moral judgments in bioethics. Constructivism in metaethics argues that moral judgments derived from normative deliberations are objective due to the construction process through which they are framed. If the construction process follows the guidelines appropriately, the resulting moral judgment will be correct. In bioethical deliberation, such as that carried out by hospital bioethics committees, an exchange of plural reasons arises to solve a moral problem. The upshot of the argumentative exchange is correct if the process in which the deliberation took place was adequate.
The duality of devices in the logics of care
This article analyses the introduction of technology in care activities, taking into account its social impact from a gender perspective. The incorporation of technological devices in the logic of care is a reality that should be analysed from a dual perspective encompassing both benefits and difficulties, in order to examine in a comprehensive manner the consequences that are generated in the care-women relationship. There are several elements that contribute to a process of female empowerment but, at the same time, there are numerous elements that limit women's agency and their social position.
This article explores the resistance of Indigenous women to extractivism through a political praxis of care. From a decolonial perspective, it argues that knowledge and practices of care are living technologies that challenge patriarchal and capitalist logics that subordinate bodies and territories. In this context, the ethical-political proposals of feminisms from the Global South —where care and interdependence are organizing principles of life— find in feminist science fiction a narrative space to reimagine alternative futures beyond the paradigm of modernity.
Neurotechnology and neurorights. Regulatory perspectives in the European and Latin American framework
The progress of neurotechnology has led to an intense debate about the need to recognize neurorights and regulate these technologies. Europe focuses on data protection and artificial intelligence regulations, while Latin America, with Chile as a leading example, has included these rights in its Constitution. However, both regions face legal challenges, and the lack of a unified framework creates uncertainty. This comparison shows the importance of legal rules that support innovation without compromising fundamental rights.
Digital divides and biases in artificial intelligence
The potential of artificial intelligence, to improve certain aspects of people's lives, should not be an impediment to taking a critical position on some procedures and applications that adversely affect equality, neither accentuate pre-existing discrimination, nor encourage the emergence of new forms of discrimination. Some characteristics attributed to artificial intelligence predispose us to advocate its development in a wide area of freedom, with ethical, rather than legal, and soft law controls, instead of hard law. However, when it comes to guaranteeing rights such as equality, it is necessary to adopt strong legal measures, both preventive and reactive, to address the digital divides, biases, and discrimination they may generate.
Copyright (c) 2025 Ignacio Campoy Cervera
Towards a model of community care and support
This work complies the conclusions presented in a series of seminars throughout 2024, following the publication of the EDI Study on Deinstitutionalization Processes and the Transition Towards Personalized and Community-based Support Models. The study was conducted within the framework of the National Deinstitutionalization Strategy in Spain by the IDHPB. These conclusions provide a diagnosis of the state of the care and support model based on institutionalization and segregation, as well as its counterpart: a life chosen within the community, framed by human rights
The present article tackles the problem of the relation between ethics and education, taking Human Rights Theory, as well as education in values, as its reference. For this, it is of paramount importance to begin with a philosophical approach to the foundation, history and criticism surrounding the Human Rights. Subsequently, we will move onto examining the ethical background of the LOMLOE law and the Civic and Ethical Values high-school subject, since it is our belief that we have found in both of them an ideal framework for the application of principles rooted in the philosophical tradition, which contribute to the development of citizens aware of the rights and duties that link them to their community
There are numerous studies on breastfeeding and disabilities, but few address their intersection. This paper seeks to analyze the cultural, social, economic, occupational, health and communication factors that affect breastfeeding, considering its accessibility deficit, especially for people with disabilities. Although the postpartum period is a global interdisciplinary issue, its approaches do not fully visualize the factors that affect breastfeeding, which intensifies the barriers related to ableism. This study uses intersectionality to identify systemic inequalities that impact the breastfeeding of people with disabilities. Finally, accessible public policies that favour social inclusion and improve governance are suggested
The EU response to the migration crisis. Special reference to the temporary protection directive in the following of the Ukraine war
Following the massive influx of people arriving at the external borders of the European Union as a consequence of the Syrian refugee crisis in 2015 and the Russian invasion of Ukraine in 2022, the community institutions had to adopt various measures to provide an effective response to the risk of collapse of national asylum systems in the face of a high number of asylum and refuge seekers. In this context, this work aims to address three protection instruments: (i) the resettlement as a lasting mechanism for the integration of migrants; (ii) the relocation as a specific protection instrument to which especially vulnerable people will benefit; and (iii) the execution of Directive 2001/55/EC as an appropriate solution to the Ukrainian exodus
Mental privacy and equity in cognitive enhancement. Challenges and perspectives from the Spanish and Chilean legal framework
The challenges posed by the advance and development of disruptive technologies have energized the activity of the legislator, demanding new responses and guarantees to already known legal assets. This is now the case of privacy of thought and equality between persons, which have led to the birth of new rights such as mental privacy or the right to equal access to cognitive augmentation. This article will study both rights and how they fit into both the Spanish and Chilean legal systems. The latter is especially relevant because it is the first legal system to regulate neuro-rights.
Sexual violence during the United Nations stabilization mission in Haiti (MINUSTAH). Approaches to the phenomenon and the problem of impunity
This paper takes four approaches to the cases of sexual violence during the United Nations Stabilization Mission in Haiti (MINUSTAH), exploring, in addition, its relationship with the phenomenon of impunity. These approaches, from a human rights perspective, reveal aspects that tend to normalize this type of violence and complicate its prosecution, undermining the efforts of the international community to put an end to it.
The feminist public-social/community paradigm of care
The Strategic Plan for Effective Equality of Women and Men 2022-2025, includes the Government's political agenda on equality and contains a catalog of public care policies. Our objective is to identify the rights achieved and contribute to the vindication of new rights, allowing the feminist public commitment to care and social/community life to be energized in public spaces. In the public sphere, we reflect on the necessary transition of the care services system from the public-private to the public-social/community. This model values its specificities, proximity and quality, as a source of democratization, inclusion and social cohesion.
This statement was presented as part of the seminar 'Towards a Model of Community Care and Support: A Feminist Perspective.' It addresses the precariousness and challenges faced by caregivers in Spain, both professional and non-professional. It highlights that the majority are women, many of them migrants, who experience unfavorable working conditions and lack adequate support, impacting their mental health and economic situation. The presentation reinforces the urgent need to improve these working conditions to revalue the sector, attract more people, and promote gender equality, emphasizing the significant economic impact of unpaid care work.
role of culture in the community care model for the elderly in Rwanda
Community and support care models for the elderly focus on collaboration and shared responsibility to provide personalized care. This article emphasizes the importance of integrating a gender perspective into these models, assessing how they address the specific challenges faced by women in contexts of intersectional discrimination. It invites reflection on how culture influences the valuation and care of the elderly, with a special focus on Rwanda and its current situation.
Nota introductoria al IV Congreso Internacional “Desafíos de los derechos humanos: ¿promoción y defensa en peligro?. Asociación de Estudiantes y Egresadas/os del Instituto de Derechos Humanos Gregorio Peces-Barba, Lima 29, 30 de noviembre y 1 de diciembre
Return as a durable solution for forced displacement
This article seeks to analyze return as a durable solution for displaced persons and refugees. It analyses the right to return in international law and the strong relationship that exists between return and peacebuilding in post conflict scenarios.
The importance of a gender perspective in public health policies. The case of Rwanda
Gender as a structural determinant of health implies recognizing that men and women experience health and access to associated goods and services unequally. The gender approach emerges as a useful and necessary tool to address and rectify such inequalities. Rwanda serves as an example of a country where public health policies, incorporating this approach, have substantially improved health and well-being indicators for women.
The objective of this work is to reflect on the gender stereotypes included in the argument, based on the use of the gender perspective, which will reveal that by using these preconceptions about women (characteristics, attributes and roles) the judiciary makes explicit the patriarchal pact, but at the same time through the motivations that justify a decision they can collaborate in the eradication of gender stereotypes.
The incorporation of an intersectional method in discrimination cases analysis. A review of the outcomes from the Inter-American Court of Human Rights and the European Court of Human Rights.
This article reviews the introduction of an intersectional method in cases analysis, namely, the use of an intersectional analysis of the discrimination against women in outcomes from the Inter-American Court of Human Rights and sentences from the European Court of Human Rights. On the one hand, this research presents intersectionality as an analysis method of human rights cases, via two key concepts: special vulnerability situation and interrelation of discrimination factors; and, on the other hand, it reveals the gaps regarding its use in both human rights courts.
The uman right to a clean, healthy and sustainable environment in the international law
This article briefly reviews the legal and institutional route that led to the United Nations' recognition of the right to a clean, healthy, and sustainable environment. It begins by addressing the general aspects of environmental protection in international law, which serves as a precursor both to the subjectivization of environmental law and to the greening of human rights. The discussion then shifts to the indirect protection of the environment within the European and Inter-American Human Rights Systems. Within the European context, it further refers to the role of the Council of Europe in acknowledging the human right to a clean, healthy, and sustainable environment. Finally, the article touches upon the progressive development and recognition of this right as an autonomous right by the Inter-American Court of Human Rights.
The right to cognitive freedom as a proposed approach to the risks of the growing application of neurotechnologies in the human brain
In the context of the risks posed by the increasing application of neurotechnologies to the human brain, the emergence of a new right known as cognitive freedom is noteworthy. This right entails the freedom of individuals to make their own decisions without the interference of neurotechnologies in their brain. The emergence of this new right has brought about profound ethical and legal reflections. Within this framework, from a human rights perspective, there are various arguments that either recognize or question the feasibility of acknowledging this new right as a human and/or fundamental right.