Ley familia y divorcio

Law and matrimonial divorce

One of the most common and debated law issues in all countries is the separation of a civil unit. This is because in most cases civil marriages involve minors; the law should focus on the protection of their rights. The law seeks as its main objective the balance and equitable distribution of property acquired during marriage. In addition, it seeks to establish the welfare of all parties involved in the separation, with the protection of the minors involved as its main objective.

Who is protected by law in the event of divorce?

Legislation tends to provide protection to the most vulnerable party in the separation of a civil marriage. In most cases the separation of property acquired during this union is done equally so that both parts are favored. The woman has special protection and in some cases the law obliges her to receive maintenance from her ex-partner. However, the law and the law try to be as fair as possible so that both parts are favored in the separation.

Who has custody of the children after a civil separation?

At this point the laws are a little more specific, the custody of the children belongs to the mother and she must receive support from the father of the children. The father has the right to see the children at least once a week. However, there are special cases in which custody is shared or even the parent is the one who remains in the custody of the children. The law seeks to make the separation as uncontroversial as possible and as consensual as possible.

The minor or minors must receive mutual support from the parents, even if the two are separated. Health is the main issue that both should always keep in mind and above all things.

differences law norm

 Differences between law and norm

Many people tend to confuse these two terms corresponding to the right, because the law and the norm have similar characteristics. However, both terms do not represent the same power, since the law represents the strict and formal sense of the norm. While the norm is the general rule, by which the principles of moral conduct and legally accepted before society are governed. The law is the written, formalized and detailed norm that protects the faculty of an individual and obliges in the strict sense to be complied with. But in order for the law to have a place before there must be established norms.

The norm represents a generic standard of conduct and does not have a formal character, although it does have a moral character. The law is a norm that must be strictly complied with in order to establish the parameters of conduct that allow balance and coexistence within society. Although the relationship between a law and a norm is very close, both have notable differences in the hierarchical nature of their faculties. The norm is the general sense that a conduct has and the law is the formal sense that enforces that norm.

Relationship between law and norm

The relationship between a law and a norm in the legal sense is very close, since the law represents the formal sense of an established norm. While a rule establishes a standard of general conduct, a law makes that power strictly enforced. That is why their relationship becomes very close, although both have a different character of compliance, the rule covers the broad, the general and the law is responsible for enforcing the specific.

In every legal sense a law is a norm that must be applied in a mandatory way. In law, a law is the standard of behavior with the highest hierarchical rank.

violencia de genero discriminacion

Gender-based violence and discrimination

Violence and discrimination are now the principal crimes in which international laws and statutes intervene much more forcefully. Both scourges harm and threaten the physical and emotional integrity of human beings. International law has long been strengthened around the protection of human rights and the avoidance of gender-based violence and discrimination. However, the effort has not been sufficient to eradicate the crimes completely. In fact, hate crimes of discrimination and gender-based violence continue to increase around the world.

That is why rights and international justice must continue without reducing efforts to reduce the numbers that make these two crimes continue to be very shocking. Regions such as Latin America and North Africa are the geographical areas where the greatest numbers of cases corresponding to this type of crime are registered.  Justice and the weight of law must fall on the material and intellectual authors of this type of crimes, which cause a great perjury in society. It is contradictory that human society continues to advance but its scourges continue to increase at the same rate.

Main causes of the increase in crimes of discrimination and gender-based violence

The issue of culture and education are the main reasons why these scourges continue to hit the most vulnerable sectors. It cannot go unnoticed that the nations with the highest rates of education and culture, as in the case of the Nordic countries, have almost completely eradicated this type of crime. This indicates that the increase in cases in less favored geographical regions is due to the lack of culture and the poor educational development of their states.

When a democratic state invest enough budget to make education quality, in most cases the rates of violence decrease. In this way, they would spend much less money than they would have to spend to combat these scourges that continue to grow steadily. Gender discrimination and violence is but a clear sign of a deep state of ignorance and lack of cultural development. Those who incur them must therefore be severely punished. International justice has placed much emphasis on this in recent times.

Gender-based violence and impunity

One of the things that international authorities are most concerned about is that in most cases the perpetrators do not end up paying for it. This is due to a number of factors, the most common of which is that victims do not report their aggressors. The fear imparted by these to their victims and the lack of credibility in the justice system are two of the reasons why victims do not denounce their aggressors. Therefore, gender-based violence continues to be one of the most common and least punished crimes in the world.

However, the legislation of some democratic states has become very severe against the perpetrators of this type of crimes. This is not enough if the victims do not dare to denounce those who attack them, and thus end up free without paying for their crime.

That is why the job of the authorities is to strive to care for victims of gender-based violence as quickly and effectively as possible. In this way, victims will begin to trust in justice and will no longer be silent in the face of abuse.

How does abuse psychologically affect victims of domestic violence or discrimination?

The psychological damage suffered by the victims of this type of crime is much greater than the physical damage, because they violate their self-esteem and become more vulnerable. As a result, legislation around the world has become much more severe against perpetrators of such crimes. For a long time the justice system ignored and ignored many cases like these, so that the victims were unprotected.

Silence is the main accomplice of this type of crimes that threaten people’s integrity and violate their rights. That is why the authorities spare no effort to ensure that these types of abuses do not go unpunished. Hundreds of human rights activists around the world continue to raise their voices so that these crimes do not go unpunished. A large number of organizations have also been created to care for the victims of this type of crime and reverse the psychological and physical damage they suffer.

Is bullying a discriminatory crime?

This type of persecution has become very common all over the world, and social networks are the main scenario for it. Therefore, the authorities are very concerned about it, because this crime is considered discriminatory and deserves severe legal punishment. Persecution or segregation regardless of its type is considered discrimination and has very strong punishments under the law. Psychological violence is considered by the authorities as something very serious, suicide cases have increased because of it.

Discrimination is one of the most persecuted hate crimes and with which one should be less tolerant. Because it is synonymous with deep ignorance and it curtails people’s human rights. International justice has made a concerted effort to eradicate this type of crime from society. The cases of bullying or cyberbullying, are still very high, so the authorities propose to impose heavier punishments against their perpetrators.  However, it is education and a collective culture full of principles and respect that will lead us to eradicate this type of crime.

Derecho internacional

International criminal law and its current scope

Laws and international criminal justice are the issues most discussed before the international
community. It is all due to the principles of international standards, which involve human rights, making
it a complicated issue to deal with. Some democratic nations are always on the lookout for scenarios
against humanity, as is the case in some countries in Africa, Latin America and North Korea in particular.
Fortunately, international justice has been responsible for sanctioning governments; or rather
dictatorships that want to affect the peace of their citizens other nations.

What are crimes against humanity?

Crimes against humanity are crimes against human rights. Any act that attempts or assaults against the
emotional or physical integrity of a person is considered a crime against humanity. For this reason,
crimes are punished by the weight of the law, and these are the most serious.
How crimes against humanity are condemned at the international level
Any national government can easily punish one or more aggressors in its country. However, when it
comes to an international case, where the government ignores these crimes, especially when it is the
government itself that commits them, the international criminal court must act in the interests of
human rights.
However, in many cases the process can take too long. Nevertheless, the same criminal court must
adhere to the law and usurp a government that the people themselves have elected is not something
that can be achieved in the blink of an eye.
Fortunately, many countries that are in favor of world peace always come together in court in order to
resolve the conflicts in that country. Organizations such as the UN, OAS allow meetings to be held in
order to resolve a country’s internal problems.
Even so, today they have not been able to usurp against a government that declares itself a dictatorship,
not even against those who call themselves democratic, but in reality they are not. Sometimes crimes
committed by governments must be solved as an old saying: “the problems of the house are solved in
the house“.

 

Background and crimes against humanity

The most heinous crimes against humanity to date were those committed during the Second World War. During the holocaust of the Jews provoked by the Nazis themselves, many crimes were committed. Let us remember that Nazi Germany condemned an entire nation (more than 10 million Jewish people) to death. As if that were not enough, it also attacked other ethnic minorities.

Another background to the story is the Tutsi genocide in Rwanda, or better known as the Armenian genocide.

 

The international court of the beech

Also known as the international court of justice, it is the main body that is responsible for providing justice when crimes against humanity are committed. It is in this court that judgment is pronounced against individuals or states that commit crimes such as slavery, genocide or some other war crimes. The judgments handed down by this court must be complied with by all the states subscribed to the statutes or international laws. Failure to comply with them could result in serious economic and military sanctions.

However, this international court of justice based in the Netherlands is responsible for resolving international disputes. These disputes are in most cases territorial disputes between neighboring nations. In these cases, the international court carries out trials in which the parties expose their arguments and this ends up failing and resolving these types of disputes. The entity responsible for imparting and enforcing international justice has great relevance throughout the world. In most cases, their rulings are very strong and they enforce justice and human rights in a severe manner.

How has justice and criminal law advanced today?

At present, the international community has tried to create statutes where states commit themselves to be guarantors of justice and the rights of their citizens. However, even in modern times international justice has some weak points, and allows some states to continue to violate the rights of their citizens. Therefore, international justice and the democratic nations of the world continue to spare no effort to strengthen international laws and ensure that they are obeyed.

The sovereignty of a nation is one of the most basic and impenetrable rights of any nation. However, military intervention is justified in some cases when some dictatorial regimes impose their tyranny in some state, depriving the rights of their citizens. However, international justice considers military action as the last stage to enforce justice. But this is not ruled out when tyranny curtails the democracy of some country. Therefore, the issue of justice and international law is still very critical, and will continue to generate much controversy.

Venezuela: a failed state

Currently in Venezuela there is much political and legal intervention with respect to the state in which is not only the economy, but also the political bases of the country. The international criminal court has done nothing more than sanction the Bolivarian Government of Venezuela, since the same human rights cannot go further to intervene against the actions taken by the president and his cabinet.

Even in the face of repression, the government continues to subject the people, destroying all human rights, becoming a government of criminals that takes advantage of wealth and power for their own benefit. Currently there are several countries that assume an important role to solve the situation through small actions that can be triggers.

autónomo en españa

¿What do I need to know to be self-employed?

In a large part of the European territory, and specifically in Spain, a self-employed person is an individual who carries out some economic activity that makes him or her profit. Although the latter is different from an entrepreneur or corporation, because it does not sign any type of contract to carry out this activity. That is why the subject is a delicate one, especially when it comes to protecting and guaranteeing workers’ rights. Not evading tax legislation on the collection of taxes is something with which self-employed workers must also be very vigilant.

Do I have to pay taxes if I declare myself self-employed?

Like any economic activity, it is necessary to contribute on a regular basis. The legislation and law of many countries where there is the term self-employed for self-employed workers, have specific laws that clarify many points of this issue. In most cases it is necessary for self-employed workers to declare taxes. However, the tax collection law is a little more flexible with them. In countries like Spain there is a type of special tax for this productive sector known as the self-employed quota. This tax must be paid by all self-employed workers declared as self-employed.

Is delaying the payment of the self-employed quota an undesirable situation?

One of the most complicated legal situations for self-employed workers is to delay paying their quota. However, they can ask for an extension to comply with this tax. However, this is one of the situations that these self-employed workers must be most careful about, as their fiscal indebtedness increases. It is therefore very important that the self-employed pay their tax in the periods of time established by law.

Sticking to the law is one of the best ways to avoid conflicts over fiscal indebtedness.