Perception of Legal Inequality in Deeply Divided Societies: The Case of Israel

When commentators discuss the Israeli political system, they invariably single it out as the exception in a region otherwise lacking in democratic and representative regimes. Although political philosophers and theorists remind us that the test of de mocracy hinges on, among other things, the way a society treats its minorities and guarantees them civil and political rights in the face of majority opposition, the de bate over what constitutes justice, equality, and freedom is unlikely to be resolved in a discussion centered on abstract principles and their absolute meanings. It is one thing for a society to profess egalitarian values and another to measure the extent to which these values are perceived and experienced by those immediately affected by them. This does not mean that there are no universal standards of justice against which to measure performance of the law. Our point is that the experiential dimen sion of the law is equally relevant, for it mediates between the meaning of the law as derived from abstract principles and the way it is implemented in daily life.

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Ethnic Democracy and the Legal Construction of Citizenship: Arab Citizens of the Jewish State

American Political Science Review ◽

10.2307/1964231 ◽

1992 ◽

Vol 86 (2) ◽

pp. 432-443 ◽

Cited By ~ 182

Author(s):

Yoav Peled

Keyword(s):

Common Good ◽

Political System ◽

Political Rights ◽

Jewish State ◽

Citizenship Status ◽

Political Struggles ◽

Occupied Territories ◽

Democratic System ◽

The Common ◽

Civil And Political Rights

The citizenship status of its Arab citizens is the key to Israel's ability to function as anethnic democracy, that is, a political system combining democratic institutions with the dominance of one ethnic group. The confluence of republicanism and ethnonationalism with liberalism, as principles of legitimation, has resulted in two types of citizenship: republican for Jews and liberal for Arabs. Thus, Arab citizens enjoy civil and political rights but are barred from attending to the common good.The Arab citizenship status, while much more restricted than the Jewish, has both induced and enabled Arabs to conduct their political struggles within the framework of the law, in sharp contrast to the noncitizen Arabs of the occupied territories. It may thus serve as a model for other dominant ethnic groups seeking to maintain both their dominance and a democratic system of government.

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How American International Lawyers Prepared for the San Francisco Bill of Rights

The American Journal of International Law ◽

10.2307/2204172 ◽

1995 ◽

Vol 89 (3) ◽

pp. 540-553 ◽

Cited By ~ 4

Author(s):

Louis B. Sohn

Keyword(s):

Human Rights ◽

San Francisco ◽

Social Rights ◽

Political Rights ◽

Bill Of Rights ◽

Fundamental Freedoms ◽

Civil And Political Rights ◽

The Law

Too much has been written lately about the limited approach to human rights at Dumbarton Oaks, the struggle at the San Francisco Conference, and the great flowering of declarations, conventions, covenants and instruments to implement them in the last fifty years. Instead of adding another retelling of these more than twice-told tales, this essay tries to look at the origin of two less known contributions to the law of human rights—the broad nondiscrimination clause which added a more practical meaning to the vague “human rights and fundamental freedoms” phrase; and the bold addition of economic and social rights to the more traditional civil and political rights.

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s.IV Crimes, Ch.15 Enslavement as a Crime against Humanity: Some Doctrinal, Historical, and Theoretical Considerations

The Oxford Handbook of International Criminal Law ◽

10.1093/law/9780198825203.003.0016 ◽

2020 ◽

Author(s):

Bikundo Edwin

Keyword(s):

Human Rights ◽

Lived Experiences ◽

Social Rights ◽

Political Rights ◽

Human Rights Law ◽

Legal Personality ◽

Civil And Political Rights ◽

The Law ◽

Material Conditions ◽

Theoretical Considerations

This chapter delves into one specific crime—enslavement as a crime against humanity. It argues that the law has drawn heavily on civil and political rights, neglecting economic, social, and cultural ones. The law surrounding slavery furthermore has drawn on some basic contrasts: notably separating the concept of ‘human’ (a human being) from ‘person’ (a bearer of legal personality and rights). Another distinction is between ‘status’ and ‘condition’. The law has tended to focus on status, i.e., legal non-recognition of personhood, which has affinities with civil and political rights. The chapter argues that the law has given much less attention to ‘condition’, which looks at the person’s material conditions in fact, and which has affinities with economic and social rights. A re-imagined law better encompassing economic and social rights would be more ideologically neutral, more in keeping with human rights law, and more in keeping with the lived experiences of African would-be migrants. Thus, this chapter emphasises that recognition in law is not enough; one must also look at the material conditions of life, the deprivation of which enables enslavement.

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Triggering State Obligations Extraterritoriality: The Spatial Test in Certain Human Rights Treaties

Israel Law Review ◽

10.1017/s0021223700013418 ◽

2007 ◽

Vol 40 (2) ◽

pp. 503-526 ◽

Cited By ~ 8

Author(s):

Ralph Wilde

Keyword(s):

Human Rights ◽

Critical Evaluation ◽

Political Rights ◽

Human Rights Law ◽

State Obligations ◽

Civil And Political Rights ◽

Territorial Control ◽

The Law ◽

Spatial Test ◽

Judicial Determinations

The spatial test for triggering the extraterritorial application of the main treaties on civil and political rights law has been the subject of significant judicial comment in recent years. This piece offers a critical evaluation of an important common theme in these judicial determinations: the suggestion that the spatial test is to be understood in a manner that covers a sub-set of extraterritorial activity involving territorial control occurring as a matter of fact. It provides a sustained explanation and critical evaluation of four different ways such a suggestion can be identified in some of the key judicial determinations on the issue of the extraterritorial application of treaties on civil and political rights generally. Since one of the other main areas of law potentially relevant to extraterritorial activity—the law of occupation—also uses a test of territorial control as a trigger for application, the interplay between the approaches taken in each area of law on the question of what type of control is required mediates the extent to which the fields of activity covered by the two areas of law overlap. Understanding the merit of the determinations concerning human rights law discussed in this piece is significant, then, not only on its own terms, but also because of its significance to the broader question of the overlap between human rights law and the law of occupation.

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THE DAILY LIFE OF THE PEASANTRY OF EASTERN GALICIA IN 1941-1944

Bulletin of Taras Shevchenko National University of Kyiv History ◽

10.17721/1728-2640.2019.141.9 ◽

2019 ◽

pp. 45-48

Author(s):

V. Starka

Keyword(s):

Daily Life ◽

Leisure Activities ◽

Economic Life ◽

Political Regime ◽

Political Rights ◽

Archival Source ◽

Red Army ◽

The Face ◽

History Of ◽

Adequate Coverage

The author analyzed the daily life of the rural population of the eastern Galicia during the Nazi occupation relying on archival source materials of the periodical press and the previous achievements of historians. It is that today, despite a considerable number of works on the history of the second world war, this subject has not received adequate coverage in the national historiography. The majority of researchers are turning to the study of macro-historical topics. Instead, the study of history "from below" allows historians and society to learn the mechanisms of adaptation of the ordinary people to life in difficult socio-political conditions. The peasants of Galicia with the outbreak of German-Soviet war had hoped to improve the conditions of life and their political leaders – to proclaim an independent Ukrainian State. At the same time, the policy of the German occupiers no different from their predecessors – Bolsheviks. Farmers, deprived of political rights, pay significant taxes, performed a variety of duties while in the atmosphere of constant fear for their own lives. At the same time, gradually adapting to the conditions of the new political regime, people have managed to establish domestic economic life, to organize their own live, to arrange training of their children, leisure activities, etc. The libation of the eastern Galicia by the Red Army meant for local residents not desired freedom but return to life in the face of Soviet totalitarian reality.

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Akses Keadilan Sebagai Perlindungan Hukum Bagi Perempuan Berhadapan Dengan Hukum Dalam Sistem Peradilan Pidana

Hukum dan Masyarakat Madani ◽

10.26623/humani.v9i1.1445 ◽

2019 ◽

Vol 9 (1) ◽

pp. 72

Author(s):

Ani Triwati

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

The State ◽

Access To Justice ◽

Political Rights ◽

Civil And Political Rights ◽

The Law ◽

The Republic ◽

The Right

<div>Negara mengakomodir hak setiap orang termasuk hak perempuan berhadapan dengan hukum dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Perempuan berhadapan dengan hukum mempunyai hak untuk memperoleh akses keadilan. Sebagai negara yang telah meratifikasi Kovenan Internasional tentang Hak-Hak Sipil dan Politik dengan Undang-Undang Nomor 12 Tahun 2005 tentang Pengesahan International Covenant on Civil and Political Rights, Indonesia berpedoman pada Konvensi tersebut dalam mewujudkan persamaan semua orang di hadapan hukum dan peraturan perundang-undangan, larangan diskriminasi serta menjamin perlindungan yang setara dari diskriminasi, termasuk jenis kelamin atau gender. Selanjutnya, Indonesia sebagai pihak dalam Konvensi Penghapusan Segala Bentuk Diskriminasi Terhadap Perempuan (Convention on the Elimination All of Forms Discrimination Against Women/ CEDAW) mengakui kewajiban negara untuk memastikan bahwa perempuan mempunyai akses keadilan dan bebas dari diskriminasi dalam sistem peradilan (pidana). Dalam upaya memberikan akses keadilan, negara menjabarkan jaminan hak perempuan berhadapan dengan hukum dalam peraturan perundang-undangan. Sistem peradilan pidana merupakan salah satu upaya dalam memberikan akses keadilan sebagai perlindungan bagi perempuan berhadapan dengan hukum melalui perlindungan terhadap hak-hak perempuan selama pemeriksaan dalam setiap tahap peradilan. The rights of every person including rights of women encounter the law are accommodated by the state based on the Constitution of the Republic of Indonesia of 1945. Women’s in law having the right in terms of accessing justice. As a nation that ratify the International Covenant on Civil and Political Rights with Law Number 12 of 2005 regarding the legitimation of the International Covenant on Civil and Political Rights, Indonesia refers to the convention in realizing the equality of all people before laws and regulations, prohibition of discrimination and guarantee the equal protection from any form of discrimination, including gender. Furthermore, Indonesia as a part in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) admit the obligation of the state to ensure that women are capable accessing justice and exempt from discrimination in the criminal justice system. In an effort to provide access to justice, the state elucidates the guarantee of the rights of women’s in the laws within the law regulations. Therefore, The criminal justice system is the one of an effort providing access to justice as well as the protection for women’s in law through the protection of women's rights during investigation at every stage of justice.</div>

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Conditions for an Effective Democracy in Multicultural Societies and Countries

International Journal of Business & Technology ◽

10.33107/ijbte.2017.6.1.08 ◽

2017 ◽

Vol 6 (1) ◽

pp. 1-8

Author(s):

Flora Kadriu

Keyword(s):

Cultural Identity ◽

Cultural Diversity ◽

Political System ◽

The Political ◽

Social Setting ◽

Political Rights ◽

Parliamentary Democracy ◽

Cultural Rights ◽

Civil And Political Rights ◽

Theory Of Democracy

The motive behind this paper is exploration of the conditions for effective democracy in multicultural societies and countries. The two principles of social setting in the context of classical parliamentary democracy ensue from a special set of civil and political rights, as basis for cultural identity, which further underlies the collective cultural rights (CCRs) or group-differentiated rights (GDRs). Such setting is initiation into a serious process of changes in classical democracy. The cultural diversity accommodation in the political system of a given democracy is an intricate process that shifts the liberal justice concept and requires a new political system dubbed by some authors as multicultural democracy, instead of merely democracy in multicultural societies. This theory is chiefly known as “consociational theory of democracy”. In this paper, efforts are made to establish the new theoretic and experiential institutions and relations we are to call conditions for an effective multicultural democracy.

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Safeguarding Women’s Political Freedoms under the International Covenant on Civil and Political Rights in the Face of Religious Fundamentalism

Religious Fundamentalisms and the Human Rights of Women ◽

10.1057/9780230107380_9 ◽

1999 ◽

pp. 93-103 ◽

Cited By ~ 1

Author(s):

Courtney W. Howland

Keyword(s):

Religious Fundamentalism ◽

Political Rights ◽

The Face ◽

Civil And Political Rights ◽

Political Freedoms

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The Urgency of Protecting Netizen in Freedom of Speech on Social Media

Media of Law and Sharia ◽

10.18196/mls.v2i1.11480 ◽

2021 ◽

Vol 2 (1) ◽

Author(s):

Grandis Ayuning Priyanto ◽

Martinus Sardi

Keyword(s):

Social Media ◽

Human Rights ◽

Hate Speech ◽

Freedom Of Speech ◽

Fundamental Rights ◽

Political Rights ◽

Civil And Political Rights ◽

The Law ◽

The Right ◽

Speak Up

Freedom of speech is a part of fundamental rights to every people. Nowadays, freedom of speech could not felt widely to all people. Freedom of speech developed until Universal Declaration of Human Rights and International Covenant on Civil and Political Rights assure and restrict freedom of speech. In Indonesia, since the rise of The Law of Information and Electronic Transaction, the restriction of freedom of speech become biased, many words in social media are presumably attack others. Netizen feels security to speak up is limited, such Ruslan Buton who critics and record about President Jokowi deemed as a hoax and hate speech. Even though some articles in 1945 Constitution have already protect and guarantee all people to bear the right to speak. The limitations of Freedom of speech in The Law of Information and Electronic Transaction emerge multi interpretation which the right to speak have not been correspond with the values in 1945 Constitution. To harmonize freedom of speech in Indonesia, it needs cooperation among government and people to eradicate ambiguity and fear in which already happen.By using juridical-normative method, the research aims to understand the condition of freedom of speech in Indonesia, and to understand the protection of netizen in using social media

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Indexation of Mahr (Dower): A Precursor of the Law of Inflation in Iran

Arab Law Quarterly ◽

10.1163/15730255-12341338 ◽

2017 ◽

Vol 31 (2) ◽

pp. 187-202

Author(s):

M.A. Ansari-pour

Keyword(s):

Inflation Rate ◽

Legal Issue ◽

Purchasing Power ◽

Iranian Law ◽

High Inflation Rate ◽

High Inflation ◽

The Face ◽

The Law ◽

The Way

One legal issue that has not been clarified properly by Muslim jurists is whether the creditor can claim the rate of inflation from the debtor, especially when the economy is suffering from a high inflation rate. One area where the issue of inflation was taken seriously was the payment of dower (mahr) fixed in Iranian money. Generally speaking, there was no clear ruling in the law allowing women to claim more than the face value of their dower, while the purchasing power of Iranian money had dropped steeply in comparison with the date of marriage. In order to tackle this problem, Parliament passed a very important law in 1997 (reiterated in 2013), that provides for the indexation of dower. This article deals with the indexation of money-dower and the way it is assessed under Iranian law. This law is the foundation of the law of inflation in Iran.

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