The role of prosecutorial independence and prosecutorial accountability in domestic human rights trials

A prosecutorial organ is always in charge of the investigation and prosecution of crime, which makes this institution a key gatekeeper to the courts. Empowered with prosecutorial discretion, a prosecutorial organ dictates what, when, and whom to prosecute. The institutional design of the prosecutorial organ varies across time and across countries, which raises an important, yet quite understudied question: Does institutional design matter for how states respond to human rights violations and, if so, how? In this article, I develop a theoretical framework that highlights the importance of prosecutorial independence and prosecutorial accountability. I argue that understanding the factors that impact the use of prosecutorial discretion in human rights cases can potentially provide a more complete understanding of why and when states fail to investigate, to prosecute, and to punish human rights violations committed by state agents.     

A proposed methodology for assessing the economic needs of safeguard zones protecting groundwater intended for human consumption within the context of the European Water Framework Directive

This paper describes the gross domestic product and hydrological environment service method for assessing the socio-economic consequences of implementing necessary measures for safeguarding the quality of groundwater for human consumption and eliminating the risk of pollution. This method assesses the positive and negative impacts of designations of protected areas. Economic assets and social goods are the two integrated variables used in analysing the method. The first includes economic impacts on the local gross domestic product of defining protected areas, and the second considers the benefits of this designation in the conservation of water resources, assigning a monetary value to the preserved resources. In addition, tools have been incorporated, such as payment for hydrological services and generation of permissible activities, which reduce negative social impacts through positive economic impacts. These tools can only be used when compliance with conservation requirements for protected areas is demonstrated. The conclusions of this study include an application of the proposed methodology and provide essential and specific assessments that show that this methodology fulfils the requirements of the European Water Framework Directive requirements and that it is an effective tool in the implementation and development of strategies for hydrological planning processes.     

Beyond suffrage: the role of Cuban women in the state-building years of a failed democracy (1940–1952)

During the first third of the twentieth century, several women joined associations to promote legal reforms. Between 1917 and 1934, the Cuban Parliament passed laws regarding women’s legal status, therefore challenging the traditional relations between state, Church and family inherited from the colonial period. Although the Constitution of 1940 incorporated these measures, Cuban women barely took part in state institutions, but their increasing presence in public affairs marked a turning point in their social status. A few women were appointed as Cuban representatives to international organizations, and political parties set up female auxiliaries. Moreover, several women’s associations worked for peace, demanded improvements in the healthcare system, took action towards enhancing education in rural areas and pushed for effective reform of the Civic Code in order to provide equal rights for men and women. African-Cuban women’s participation in these organizations was limited due to discrimination and they in turn set up their own organizations.     

Spain: Local Democracy and Citizen Participation

This article focuses its attention on the democratic practice of local governments, taking the Spanish experience within its European context as the main point of reference. The analysis of democratic practice in local governments takes into consideration not only the collective decision-making processes, but also the real possibilities of citizen participation, assessing the urban model they lead to in the medium to long term. Such an analysis could help to determine if cities are moving towards more democratic and egalitarian forms of social organisation. Large urban projects in Spain have not been debated and agreed upon previously despite the fact that such works have a transcendental impact of the lives of millions of citizens. Simultaneously, different local authorities have put into place new experiences of participative government since the late 1990s, arising from a shared diagnosis indicating the existence of a democratic deficit that should be overcome.     

Is the Animal Liberation Front morally justified in engaging in violent and illegal activism towards animal farms?

The Animal Liberation Front (ALF) is an activist group, mainly focused on violent and illegal direct action, including destruction of property, the rescuing of animals and the clandestine filming of animal cruelty on animal farms. Here, I engage with three arguments that are often raised against the ALF’s actions, namely these actions are not morally justified because: (a) they are not measures of last resort; (b) they are excessively violent and do not discriminate targets; and (c) they have no reasonable probability of success. I contend that clandestinely filming animal cruelty is morally justified, the destruction of property is not and that rescuing animals is morally justified, if the ALF incorporates some changes as to how this is done.