Publication: ¿Qué juezas y jueces debe tener un Estado Democrático? Análisis de los criterios de selección y formación de jueces y juezas
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2023-06-01
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Onati International Institute for the Sociology of Law
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Abstract
In the modern Democratic States, the people who end up being part of the judiciary as judges at different levels of justice are not representative of the diversity of society. Some people, their interests, and their conceptions of justice are overrepresented, while large societal sectors are underrepresented. This is even worse in societies that are more unequal. Furthermore, the training in human rights that the Schools of Law provide is deficient, both in the internal Law of Human Rights and International Human Rights Law, as well as in the procedures for the application of these in domestic justice and in the perspective of analysis and interpretation of general Law from Human Rights. This inadequate training is not corrected in the selection processes of the judiciary nor in training during the exercise. The article aims, from these analyses, to make visible the inegalitarian biases in the composition of justice administrations, the inadequate training they have in Human Rights, and how this situation affects the reproduction of social injustices. Furthermore, proposes the implementation of specific public policies that could be effective on the strengthening of democracy and the modern Constitutional State.
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Democracy, Equal opportunities, Human rights, Modern state/constitutional state, Selection of judges, Social diversity, Social injustice, Training of judges
Bibliographic citation
Ribotta, S. (2023). ¿Qué juezas y jueces debe tener un Estado Democrático? Análisis de los criterios de selección y formación de jueces y juezas: (What judges should a Democratic State have? Analysis of the criteria for selecting and training judges). Oñati Socio-Legal Series, 13(3), pp. 824–856