ABOUT THE JOURNAL
FundamentalRights.it was born from an idea of Carlotta Latini and Aldo Andrea Cassi, or rather from the meeting of their respective scientific and educational experiences.
The PhD cycle based at the University of Camerino dedicated to Fundamental Rights, coordinated by Carlotta Latini, was an excellent training ground for studies and the development of research on fundamental rights. The research doctorate is in fact the place of choice in which new theories and studies are experimented.
The teaching of Legal Anthropology activated at the University of Brescia in 2015, strongly supported by Aldo Andrea Cassi, who is still the owner, in addition to encountering the growing lively interest of future jurists, has gradually become a laboratory of “Epistemological experimentation” in the analysis of intercultural approaches to the idea of ’Justice’ and to the aspiration of a ‘Law’ which is its historical implementation.
These two experiences found an encounter (sometimes becoming a ‘clash’, however it proved to be very fertile) on land as mined as it was necessary to cross. In fact, we believe that despite (or, on the contrary, precisely because) there is much talk of “fundamental rights” (or “human”, “inviolable”, “non-negotiable”, “natural” etc .: semantic focus is one of the fields of the challenge), a rigorous reflection is required in argumento.
Considerations that the journal intends to conduct intersecting research, skills, experiences and methodologies that are not homologated (within narrow and segmented “scientific-competitive” perimeters as the current bureaucratic matrix of the Italian University requires), but on the contrary characterized by epistemological interrelations harbingers of perspective openings.
We have in fact relied on historians, jurists, psychologists, philosophers, medical examiners, both at the level of the Scientific Committee and that of the authors invited to contribute, in the belief that the challenge of which, as Directors of the Journal, we are standard bearers (undeservedly and recklessly, but with authentic ethical and scientific conviction), requires a cultural paraphernalia characterized by a high scientific level and a multidimensional epistemological status.
The idea for the magazine matured during the first spread of the Covid-19 epidemic: during the experience of “great segregation” that our generation suffered, while the virus was spreading, it made sense to question the course, and also on the new course, which fundamental rights have had, in the awareness that the discussion on these rights touches naked nerves, complex and often angular issues (including, for example, the role of constitutions, the latitude of fundamental freedoms and of individual rights in the face of an essential protection of a “common good”) to be dealt with in the complex, unresolved relationship between authority and freedom.
The natural, ratione materiae, juridical vocation of the Journal is therefore accompanied by vocations (and sometimes pro-vocations) afferent to other fields of knowledge and research, diversi sed non adversi.
INDEX OF THE FIRST ISSUE
Choices between medial needs and available resources have always been a relevant ethical issue - they are in fact called tragic choices -, and this issue has definetely grown acute during the Codiv-19 pandemic. Among the criteria identified by the bioethical Literature for these so called tragic choices, we find the "utilitarian" one: it consists in calculating how many extra lives can be saved of how many more years of life can be guaranteed by making a choice. This criterion, if applied to these choice of favoring young people to the detriment of the elderly, may fall under a discriminatory attitude called ageism, in analogy with racism and sexism.
One of the most fundamental rights of the 1989 UN Convention on the Rights of Children is the right to be heard (art. 12). When developed into the right to participate, it questions adult's daily practices to interact with children. in this respect, promoting the right to participate in the alternative care field calls for a peculiar act of balancing the rights of children with the rights of other relational stakeholders (parents, relatives, social worker and so forth). Drawing on ethnographical data gathered in research experiences, trainings and experiences in the field, this contribution analyzes children's participation in alternative care as a right, a process, a practice and a form, revisiting children's agency and their involvement as co-authors and co-constructors of their life-contexts
This paper focuses on the lawfulness of the practice of fetus' burial, following the interruption of pregnancy, without the woman's consent and with the indication of her surname. Subsequently, the legislative gap about the definition of "stillborn" is investigated, with the consequent registration of the birth certificate
This article looks for defining and shaping the concept of free development of one's personality as a fundamental human right. In order to meet such goal, the starting point is the concept of fundamental human rights as defined in international instruments as the Universal Declaration or Human right issued by the General Assembly of the United Nations Organization in 1948. Afterward, attention is be paid to the effectiveness of such rights, affirming the historical need and opportunity to achiede standards of basic equality among all human beings without exclusions and the importance of obtaining wide consensus about the metrics of human development such as the Human Development Index created by the United Nations Development Program, that should go far beyond economic parameters
This essay means to highlight anthropological aspects which explain the current distance between the "Declarations of human/fundamental rights" and the "Asian values". Moreover, it regard the extraordinary figure of Raimon Panikkar as a possible interface between these two worlds. It finally indicates in Pope Francis' encyclical letter Fratelli tutti the key to approach the "fundamental rights" more compatibly with the holistic demands of the eastern anthropology and culture
The contemporary financial word places at the center the homo oeconomicus, videns et consumans, with his individual desires raised to inalienable rights. The positive law and the law in general have now fallen into a state of "legal entropy", wich requires to re-think the role of the judge and to leave more and more rooms for ADRs, as instruments of better and more appropriate search for the right solution for the concrete case, the result of autonomy of the parties rather than heteronomous authoritative imposition. Hence the opportunity, argued in the essay, to abandon the logic of adjudication of litigation, to make room for more effective and appropriate methods of dispute resolution, in a social and economic context compared to which long and complex judicial procedures are now obsolete, inadeguate and unimprovable.
These pages deal with the sad case of Richard Meade, an American merchant based in Cadiz. The problems in collecting his claims against the Spanish government (1812) and the aggressive response of the institutions raised serious doubts about the effectiveness of constitutional guarantees of personal security
Violet Gibson is known to have been the assailant of Benito Mussolini. Her history, that is far from to have been completely written, still causes doubts and interest. In this context the meeting between Enrico Ferri and Violet Gibson because of her defense will be examined
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