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.
Analysis of Law 6/2022 in light of the antisubdiscrimination paradigm
Law 6/2022 codifies in Spain a right to cognitive accessibility that was, however, already being applied de facto in organisations protecting persons with disabilities. These organisations had also been fighting for years to have this right formally regulated. This achievement has come with the recent approval of Law 6/2022. Its current relevance makes it necessary to analyse whether the text has been drafted in such a way as to effectively guarantee accessibility conditions in a cross-cutting manner and without discrimination, or whether, on the contrary, there are significant gaps or contradictions. To this end, using the anti-subordination paradigm proposed by the jurist Maggy Barrère, which overcomes the problems of classic anti-discrimination law and also proposes clear indicators on which to focus, an in-depth analysis of the content of Law 6/2022 has been carried out
Copyright (c) 2025 Authors retain copyright and grant UNIVERSITAS a non-exclusive license to publish their work under the terms of the Creative Commons Attribution 4.0 International License (CC BY 4.0) https://creativecommons.org/licenses/by/4.0
The article examines Isaiah Berlin's relationship with populism, analyzing his perspective on this phenomenon and its ties to nationalism. Berlin defined populism as a movement centered on collective identity, opposition to corrupt elites, and nostalgia for a glorious past. His theory of two liberties (positive and negative) is essential to understanding the contrast between populism, which prioritizes collective freedom, and liberalism, which emphasizes individual freedom. The text also applies the "hedgehog and fox" metaphor, associating populists with the hedgehog (single vision) and liberal democrats with the fox (pluralism). Ultimately, it warns about the dangers of dogmatism and cultural homogenization
“Eyeshadow here, eyeshadow there…” The cosmetic use of gender mainstreaming to combat gender stereotypes. An analysis of the Chilean Judicatory
The incorporation of the gender mainstreaming principle into the judicial function presents combating gender stereotypes as one of its central tasks, for which the use of International Human Rights Law is a key tool. Based on this, this paper will analyze whether, in the case of the Chilean Judiciary, the use of the gender category and its mainstreaming remains merely cosmetic in the pursuit of achieving decisions free from gender stereotypes
A justice response for women victims of dictatorship or internal conflict in South America
On April 22, 1985, the public hearing of the Trial of the Juntas began in Buenos Aires, Argentina, which aimed to judge the military leadership of the last dictatorship (1976-1983). 40 years after the beginning of this judicial process, other countries in South America have also implemented post-dictatorship Transitional Justice policies to respond to the demands of both victims' families and those directly affected by violations of Human Rights. This article seeks to give knowledge of a particular aspect of this process, namely, the demand for justice for women who were victims of crimes against humanity
Criteria used by Inter-American Court of Human Rights on evidentiary assessment in cases of gender-based violence
This article describes some relevant standard of evidentiary assessment used by the Inter-American Court of Human Rights in cases of gender-based violence. It starts with a gender violence concept based on doctrine and women's human rights and violence international instruments, and a didactic distinction with the concept of violence against women. It establishes the general standard of proof, followed by the specific criteria that allow the facts of violence to be considered proven, highlighting some Court`s rulings about serious violations of women's and girl’s human rights
Copyright and artificial intelligence system training. Comparative analysis of Italian and Argentine Law
The article analyses the legal challenges posed by training artificial intelligence systems with copyrighted works, taking as reference the cases The New York Times v. Microsoft/OpenAI and Getty Images v. Stability AI. Based on a comparative analysis between Italian and Argentine law, it examines how the concepts of creativity, authorship and unfair competition are strained by automated content generation. It proposes strengthening transparency, traceability, and accountability in the use of AI, harmonizing technological innovation and the protection of human creativity
The brain at a crossroads. The legal protection of the right to freedom of thought in the context of neurotechnologies
The text examines the legal protection of the human brain in the context of emerging neurotechnologies, evaluating whether new rights must be created or existing ones reinterpreted. It underscores freedom of thought as a fundamental right and argues for the need to clearly delineate its scope through a comprehensive regulatory framework that sets out explicit duties for States and precise obligations for private actors. The analysis concludes that effective brain protection is attainable through gradual regulatory adjustments that enhance transparency regarding risks and ensure that users’ consent to neurotechnological interventions is fully respected at all times
The article analyzes the impacts of artificial intelligence (AI) from an intersectional approach focused on disability. It highlights the algorithmic biases present in technological systems that reproduce social inequalities. The research emphasizes the urgency of integrating inclusive ethical frameworks and the active participation of collectives in AI development. It also questions the colonization of the concept of intersectionality, proposing its recovery as a critical tool. Only through a feminist, decolonial, and human rights-based perspective can we move toward truly fair and inclusive AI
Diana María de los Angeles Vicente Munarriz
Legal personality and artificial intelligence
This paper examines the term «person», its meaning, and its conceptualization in order to ascertain the relationship between legal and ontological personality. It is observed that the natural juridical person serves as a substratum of the positive and its condition of existence. Subsequently, the possibility and consequences of conferring legal personality upon an artificial intelligence program are investigated. In particular, its theoretical consequences in criminal and civil liability and its practical consequences are considered
The article starts from the hypothesis of the prevalence of the notions of autonomy and freedom in relation to the right to private property vis-à-vis the more-than-human world. Likewise, it outlines the concept of the capitalocentric approach to the right to private property. In response to the latter, it is proposed that, for the full achievement of Goal 15 of the 2030 Agenda for Sustainable Development —in the context of the global ecological crisis— it is necessary to promote the ecologizing rights within the framework of private property, as well as other related legal principles and figures. These aim to preserve and safeguard terrestrial ecosystems, along with other animals and living beings, for the intrinsic value they hold and from a perspective of responsibility and care
On the ignorance and the lack of awareness of human rights. Reflections from the Universal Declaration of Human Rights
This text analyzes an idea expressed in the preamble to the Universal Declaration of Human Rights, that the disregard for these rights has the potential to foster barbaric acts affecting all humanity, recognizing that this has occurred in the past. The analysis was conducted through consultation of the preparatory work for the Declaration up to the final text, as well as specialized literature on this topic. Finally, it offers a reflection on the meaning and extension of this concept
This paper explores three different versions of the principle of equality of opportunity to identify an ethical-normative justification for certain labor market activation policies. The focus is specifically on the subsidized hiring of the unemployed youth. Each interpretation is presented alongside its main ideas and the challenges it may entail. Roughly speaking, the principle of fair equality of opportunity seems qualified to justify such policies. Finally, the paper addresses a methodological question regarding which criteria should be relevant for evaluating public policies. It challenges the view that exclusively economic considerations are sufficient, advocating instead for the inclusion of ethical and political values inherent to each political system. The paper has a clarificatory aim and does not seek to determine the "correct" interpretation of the principle of equality of opportunity, but rather to identify the most suitable justification for subsidized hiring.
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