HUMANITIES AND RIGHTS GLOBAL NETWORK JOURNAL

FOREIGNERS WITHIN THE SPANISH PENAL SYSTEM

2026-10-15T11:11:34+00:00

This article examines the position of foreign nationals within the Spanish penal and prison systems from a historical, legal and human-rights perspective. It analyses the interaction between immigration law, criminal law and penitentiary policy, using the concept of crimmigration as a critical framework while avoiding any automatic identification between immigration and crime. The study combines doctrinal analysis of Spanish and international legal instruments, contextual historical interpretation, critical review of official prison statistics and analysis of institutional programs. The available data show that foreign nationals are overrepresented in the prison population, but this finding cannot be read as a crime rate or as evidence of an inherent propensity to offend. Prison statistics are shaped by multiple factors, including the composition of migration flows, pre-trial detention, socioeconomic vulnerability, transnational mobility, penal and immigration policies, access to alternatives to custody, and the consequences of expulsion. Spain has a formally advanced framework centered on re-education and social reintegration and has developed programs relevant to foreign prisoners. Nevertheless, linguistic barriers, weak family and community networks, administrative insecurity and the tension between reintegration and removal may restrict equal access to rights and treatment. The article argues for a coordinated, evidence-based and intercultural policy capable of integrating prison, migration and social measures under the principles of dignity,equality and non-discrimination.

CYBERCRIME OF TRAFFICKING IN PERSONS: AN ANALYSIS OF THE PROTECTION OF FUNDAMENTAL RIGHTS IN SOCIAL NETWORKS

2026-10-15T11:11:35+00:00

The purpose of this study was to investigate how human trafficking occurs in the digital age, exploring the use of victims' data obtained from social networks by traffickers. Despite the security mechanisms of big techs, crimes persist online. In this research paper, we sought to understand how digital platforms are used for this crime, examining how sensitive data is exploited, identifying manipulation techniques, and suggesting preventive measures. The central issue was to identify how human trafficking materializes based on information on social networks. The initial hypothesis pointed to the inefficiency of operational protection in cyberspace. The general objective was to understand the use of social networks in the commission of this crime. Specifically, the objectives were to analyze the exploitation of sensitive data, identifying manipulation techniques, and suggesting prevention. The methodology was dialectical at the exploratory level, with a literature review and a documentary analysis on fundamental rights, criminal dogmatics, and journalistic reports. Results indicated the need for continuous awareness about the risks of using these technologies and demanded state action. In the conclusion, the aim is to broaden the understanding of the phenomenon, emphasizing the development of technological tools in order to guarantee individual rights.

INTEGRATING HUMAN RIGHTS IN LANGUAGES LEARNING: A FORUM THEATRE APPROACH

2026-10-15T11:11:35+00:00

In language teaching framed by a communicative approach, learners are required to act as active social agents rather than passive consumers of grammar rules and vocabulary lists. By mapping the Universal Declaration of Human Rights (UDHR) (United Nations, 1948) against the Plan Curricular del Instituto Cervantes (PCIC) (Instituto Cervantes, 2006), this essay demonstrates that foreign language instruction inherently carries civic, sociocultural, and ethical dimensions. However, transitioning away from traditional methods long embedded in the classroom remains a challenge. To bridge this gap, this paper proposes integrating Forum Theatre into foreign language education as a pedagogical tool for fostering interculturalism and human rights awareness. Through interactive drama and the new concept of ‘spect-actor’, learners engage with non-punitive, open-ended scenarios featuring real-world socio-cultural conflicts (such as racism, xenophobia, arbitrary interferences in the family life, and unfair labour practices...). This methodology transforms abstract human rights values into active communicative practice, allowing language learners to negotiate solutions and develop intercultural competence within a collaborative environment.

PUBLIC FUNDING OF SOCIAL BENEFITS FOR IMMIGRANTS IN BRAZIL

2026-10-15T11:11:35+00:00

This article examines, from the perspective of financial law, the disconnect between the universality of social rights guaranteed to immigrants by the Constitution of Brazil and the Migration Law (Act no 13445, 2017) and the instruments that structure their public financing. It posits the hypothesis of the immigrant’s budgetary invisibility, insofar as budgetary planning instruments and the criteria for the federal distribution of revenues ignore the presence of the migrant population. The effectiveness of these rights depends on fiscal improvisations, such as the extraordinary appropriations that funded Operation Welcome, and the burden of reception falls asymmetrically on the destination states, as demonstrated by the case of Roraima. Based on a review of the literature and documentary research, this study proposes three mechanisms to realign the budget with the constitutional promise: the creation of specific budget line items for migration policy; the establishment of mandatory and automatic compensatory transfers to overburdened entities; and the revision of the general criteria for revenue distribution.

REENGINEERING THE STATE IN THE CLIMATE- DIGITAL ERA: INFORMATIONAL SOVEREIGNTY, HUMAN RIGHTS AND THE FUTURE OF DETERRITORIALIZED PEOPLES

2026-10-15T11:11:35+00:00

The imminent physical disappearance of island states such as Tuvalu (Polynesia), due to rising sea levels, presents an unprecedented challenge to state theory and international human rights law. Territorial submersion threatens to disrupt the classical elements of statehood – people, territory, and sovereignty – while simultaneously fostering digital governance structures aimed at preserving institutional continuity and national identity. This article analyzes the case of Tuvalu as an emerging paradigm of a climate-digital state, whose existence shifts from physical materiality to an informational and institutionally distributed configuration. It examines the international normative vacuum surrounding deterritorialized peoples and the lack of legal recognition for so-called climate refugees. Therefore, unprecedented conceptual and normative frameworks are proposed: the recognition of the Continuous Digital State; the creation of an International Statute for Dispossessed Peoples; and a Permanent Climate Protection Visa. The article argues that reengineering the State in the climate-digital era is not merely a conceptual evolution but a structural imperative to prevent collective statelessness and serious human rights violations. Tuvalu emerges as the first laboratory of a new global constitutionalism, demanding urgent and institutionally innovative legal responses.

ETHICAL-POLITICAL TREATMENT OF THE RELATIONSHIP BETWEEN MIGRATION FLOWS AND THE COMMON GOOD OF THE HOST COUNTRY: ANALYSIS FROM THE PERSPECTIVE OF THE SOCIAL DOCTRINE OF THE CATHOLIC CHURCH

2026-10-15T11:11:35+00:00

This research aims to investigate the ethical-political treatment of the relationship between international migration flows and the common good of the host country. It will be done in the light of the perspectives of the Social Doctrine of the Catholic Church and Goal 10.7 of SDG 10 of the UN 2030 Agenda. The comparison between the guidelines adopted in the "Compendium of the Social Doctrine of the Church - DSI" and in "Target 10.7", for the purpose of this research, will promote a normative comparison seeking to ascertain whether or not both beacons have directional illumination with parallel lights regarding the extent of the right to migrate between countries in order to ultimately define the limits and effects of this right: whether it is an absolute right that does not admit restriction (open borders paradigm), or whether it is a relative right that admits consideration according to the current circumstances or conditions of the host country (national security paradigm). It will be determined that the right to migrate is relative and may be limited when it conflicts with the "common good" of the host country to achieve, through careful consideration, a "fair balance" in geopolitical relations. This variable (sometimes referred to as 'migration incapacity') legitimizes the host country's invocation of a right of retention necessary for a 'fair balance' in international migration flows.

CULTURAL EXCLUSION AND MENTAL HEALTH AMONG MIGRANT ADOLESCENTS IN SPANISH PUBLIC SCHOOLS: GAPS BETWEEN LEGISLATION AND IMPLEMENTATION

2026-10-15T11:11:35+00:00

Spain has a legal framework that recognizes equality, non-discrimination, and educational inclusion as fundamental principles of the school system. Nevertheless, various studies have pointed out that the persistence of racism, territorial inequalities, the lack of specialized resources, and certain institutional practices guided by assimilationist approaches limit the actual effectiveness of these guarantees. The aim of this article is to analyze the relationship between cultural exclusion and mental health among migrant adolescents enrolled in Spanish public schools, paying particular attention to the gap between inclusive legislation and its implementation in everyday educational practice. The study was conducted through a critical narrative review of regulatory sources, statistical data, and recent scientific literature. The reviewed evidence indicates that the school context significantly influences the psychosocial well-being of migrant students, particularly in variables such as sense of belonging, contextual resilience, and the quality of relationships with peers and teachers. Likewise, perceived discrimination and social exclusion are associated with greater psychological distress, stress, and feelings of rejection among adolescent migrant populations. It is concluded that the gap between legal discourse and school practice constitutes a structural factor that may aggravate the risk of anxiety, depression, isolation, and school dropout. Therefore, it is necessary to move toward integrative strategies that take into account the environment and psychosocial well-being.

BRAZILIAN MIGRATION POLICY: HUMAN MOBILITY AND SOVEREIGNTY

2026-10-15T11:11:35+00:00

This article examines the evolution of Brazilian migration policy from a historical and critical perspective, tracing its trajectory from the colonial period to the enactment of Law No. 13,445/2017 — the Migration Law. The analysis departs from the premise that migration policy in Brazil has never been a neutral phenomenon, but rather an instrument of state power oriented by national projects that, for centuries, prioritized racial, ideological, and security-based criteria over the protection of human beings. From the forced displacement of enslaved Africans and the subjugation of indigenous peoples, through the eugenic immigration policies of the 19th and early 20th centuries, to the securitarian logic of the Foreigners' Statute of 1980, the article demonstrates that the migrant was historically constructed as an object of control rather than a subject of rights. The 1988 Constitution marked a normative rupture, establishing human dignity and the prevalence of human rights as foundational principles. It was only in 2017 that Brazil produced a migration law fully aligned with international human rights standards, replacing the term "foreigner" with "migrant" and recognizing the universality of rights regardless of nationality or documentary status. Despite this advance, the article highlights persistent tensions between norm and practice, pointing to institutional and structural challenges that continue to undermine the full realization of the rights enshrined in the new legal framework.