Political Participation: An Ultimate Priority

2021 ◽  
pp. 143-156
Author(s):  
Gauthier de Beco
Keyword(s):  
Political Participation ◽  
Cognitive Impairments ◽  
Voting Rights ◽  
Public Affairs ◽  
Political Life ◽  
Political Rights ◽  
Disabled People ◽  
Political Activities ◽  
Right To Vote ◽  
The Right

This chapter examines the right to political participation. It exposes the persistent lack of protection of disabled people’s political rights, including denial of the right to vote for those with cognitive impairments. It analyses what the CRPD requires in order for all disabled people to be able to exercise their voting rights and what it provides beyond the mere act of voting so as to encourage participation in ‘the conduct of public affairs’. It goes on to explain why the inclusion of disabled people in political life is a matter for the whole population and why there is no reason for denying the right to vote to any particular group. It also explores how to achieve political participation more broadly through real engagement in political activities.

scholarly journals Participación de personas con discapacidad en la vida política. Un análisis de contenido de la literatura reciente (1997-2019)

2021 ◽  
pp. 154-177
Author(s):  
Andrés Mauricio Guzmán Rincón ◽  
Adriana Caballero Pérez
Keyword(s):  
Political Participation ◽  
Voting Rights ◽  
Social Practices ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Persons With Disabilities ◽  
Academic Literature ◽  
Literature Reviews ◽  
Right To Vote ◽  
The Right

The right of persons with disabilities to vote is well-codified in international human rights law. Disability scholars, however, argue that persons with disabilities are frequently denied the right to vote. What are the recurrent concepts used by disability scholars to discuss this issue? From a content literature review, four main concepts are regularly used by authors to elaborate on voting rights in the context of disability: “political participation,” “barriers,” “electoral practices” that support or constraint the full and effective exercise of the right to vote, and “electoral-assistive devices” as technology solutions to assist voters with disabilities. Discussing all these concepts is uncommon in other literature reviews. Findings illustrate that an abundance of publications focuses on political participation of persons with intellectual or mental impairments. Such publications tend to concentrate only on statutory barriers. Less prevalent is academic literature regarding persons with other impairments, as well as procedural barriers. Even more sparse are publications elaborating on social practices. Similarly, assistive technology is not often discussed as a tool for the facilitation of the right to vote of persons with disabilities.

scholarly journals Penerapan Aspek Rasionalitas Dalam Pemilu 2019 (Studi Terhadap Tingkat Partisipasi Politik ODGJ di Kabupaten Hulu Sungai Utara)

2019 ◽  
Vol 1 (1) ◽  
pp. 1-43
Author(s):  
Budi Lesmana
Keyword(s):  
Mentally Ill ◽  
Voting Rights ◽  
Popular Sovereignty ◽  
Mental Disability ◽  
Political Rights ◽  
Public Concern ◽  
Election Law ◽  
Right To Vote ◽  
Election Fraud ◽  
The Right

Election as a means of popular sovereignty is a vehicle for every citizen who has the right to choose to use his political rights and voice in choosing a leader. Without exception, based on the provisions in the legislation, every citizen can use this right. In the implementation of the 2019 Election, the KPU strives maximally to accommodate all citizens who have the right to vote in the DPT. Repairs made many times are as an effort to increase voter involvement in elections. One voter group that is a public concern and discourse is mental accessibility or more commonly referred to as People with Mental Disorder (ODGJ) who voted in the 2019 election. Outside the context that these mentally ill people are under forgiveness according to civil law, the constitution itself basically gives the same rights to people who have mental illness to choose. Even in the Election Law itself there is no prohibition explicitly governing this. This means that mentally ill people also have the right to exercise their right to vote. Not all mentally ill people have the awareness to choose. Of course, if there are certain conditions that are allowed to choose. But how is the implementation of the business and rules in the field as an effort to increase voter participation by the organizers? And what is important is whether the application of direct, general, free, confidential and fair election principles can also be felt by ODGJ voters. Can their rights be used, but only choose formalities without secrecy. Don't let the voting rights of citizens with certain conditions be given an opportunity to commit fraud in the election. Fraud is detrimental to the voting rights of people who have mental disorders because it is considered easy to be cheated. Keywords: Elections, Mental Disability (ODGJ), Voting Rights, Participation.

scholarly journals USING POLITICAL RIGHTS LEGAL LIABILITY IN SELECT THE OPERATION OF ELECTORAL SHURA (ELECTIONS) IN INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 110
Author(s):  
Nur’l Yakin Mch
Keyword(s):  
Voting Rights ◽  
Legal Liability ◽  
Political Rights ◽  
Right To Vote ◽  
The Law ◽  
The Right

The increasing number of White Group (Abstentions) in every election in Indonesia which is the country's lack of nomokratic indicates people in using their voting rights. When attempts were made government in various ways such as dissemination of the importance to follow the election, but still a high percentage of non-voters there are indications tend to increase. Not only that, a lot of people who misinterpret and fail to understand what is meant in the legislation on the use of the right to vote in the election, it may be because the law is written textual status right but not the obligation to vote. While the Shura offer an alternative in solving this problem, namely the implementation of laws obligation to choose a leader.

scholarly journals Foreword

2020 ◽  
Author(s):  
Sudha N. Setty
Keyword(s):  
Black Women ◽  
New England ◽  
Political Representation ◽  
Voting Rights ◽  
Political Rights ◽  
Strategic Decisions ◽  
Right To Vote ◽  
Obvious Manner ◽  
The Right ◽  
Historical Accounts

Published: Sudha Setty, Foreword, 42 W. NEW ENG. L. REV. 333 (2020).In November 2019, the Western New England Law Review held its symposium, On Account of Sex: Women’s Suffrage and the Role of Gender in Politics Today. The symposium articles ask us to look at history to see what factors enabled path-breaking activists to secure the right to vote in a time of immense national turmoil. They also ask us to weigh how history should assess the strategic decisions that ultimately gained political rights for some women, but deliberately excluded Black women and other activists. These historical accounts help us consider how the right to vote is faring, particularly after a series of cases in which the U.S. Supreme Court has enabled a profound movement toward disenfranchisement through invalidating key sections of the Voting Rights Act of 1965, allowing requirements for state-issued voter identification that serve to prevent voting, enabling extraordinary gerrymandering, allowing for the purging of voters from the registration rolls, and making it harder for people to vote absentee even during a pandemic. They also take up issues regarding gender, race, class, status in gaining rights and political representation; how the environment surrounding voting rights has experienced and continues to experience great challenges; and how, although we can see radical threats to those rights in a profound and obvious manner in today’s politics, those threats are simply current versions of a long-standing issue in United States politics and in politics around the world.

scholarly journals Pemenuhan Hak Politik Penyandang Disabilitas Mental dalam Pemilihan Umum

Kosmik Hukum ◽  
2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rizkon Maulana ◽  
Indriati Amarini ◽  
Ika Ariani Kartini
Keyword(s):  
Secondary Data ◽  
The Political ◽  
Political Rights ◽  
Mental Disabilities ◽  
Persons With Disabilities ◽  
General Elections ◽  
Pros And Cons ◽  
Right To Vote ◽  
The Right ◽  
Political Right

The fulfillment of political rights for persons with mental disabilities in general elections has not been running as it should be. Pros and cons arise when collecting data on citizens who have the right to vote at the time of general elections. This research analyzes how the fulfillment of the political rights of persons with mental disabilities in legislation and the obstacles experienced in fulfilling the political rights of persons with mental disabilities. This research is a normative juridical study using secondary data as the main data, namely books, journals, research results, and legislation. Secondary data were analyzed normatively qualitative. The results showed that the political rights of persons with disabilities, including persons with mental disabilities, are a component of human rights that must be fulfilled in a democratic country. The fulfillment of the political rights of persons with disabilities is generally based on Law Number 8 of 2016, namely Article 13 which stipulates that persons with disabilities have the political right to vote and be elected in public office. These rights are important to be respected, protected and fulfilled in order to achieve justice for eliminating political discrimination against persons with disabilities. As for the obstacles experienced in fulfilling the political rights of persons with mental disabilities, namely the difficulty in conveying socialization materials to persons with mental disabilities and the level of voter participation among persons with mental disabilities is still low.Keywords: Political Rights, General Election, Mental Disability

scholarly journals Los límites de la participación política en una democracia excepcional: migrantes en Costa Rica

2020 ◽  
Vol 11 ◽  
pp. 1-27
Author(s):  
Luicy Pedroza
Keyword(s):  
Costa Rica ◽  
Latin American ◽  
Emigrants And Immigrants ◽  
Local Elections ◽  
Political Rights ◽  
National Elections ◽  
Latin American Region ◽  
Support For Democracy ◽  
Right To Vote ◽  
The Right

In comparison to other countries in the Latin American region, especially in Central America, support for democracy in Costa Rica is high –despite ups and downs in recent years. Still, regarding the challenges that immigration poses for the principles of democratic inclusion and representation, Costa Rica lag behind 11 countries in Latin America –and 35 democracies in the world– where immigrant residents have the right to vote in local elections. In Chile and Uruguay, the only countries in the region where support for democracy tops that observed in Costa Rica, the right to vote of immigrant residents even reaches national elections. With such a comparative background, this article addresses the question: how to explain that this democracy ignores the tendency to give the right to vote to resident migrants? The study reveals a society in which the narrative of exceptionality with respect to other countries of the continent and the formal primacy of nationality to political citizenship, allow tolerating a clear inequality between the political rights of emigrants and immigrants.

scholarly journals Who are "the people" in the German Constitution? A critique of , and contribution to , the debate about the right of foreigners to vote in multilevel democracies

2020 ◽  
Vol 24 ◽  
Author(s):  
Jelena Bäumler
Keyword(s):  
South Africa ◽  
Voting Rights ◽  
Constitutional Court ◽  
Federal States ◽  
The People ◽  
German Constitution ◽  
Multi Level ◽  
Multiple Levels ◽  
Right To Vote ◽  
The Right

ABSTRACT Democracy means power to the people, but it is not always clear who belongs to "the people". The question has become pertinent in the age of migration where large groups of foreigners permanently reside outside their countries of nationality. The economic, cultural, and political integration of these foreigners is one of the pressing problems faced by democratic States in both the developed and developing worlds. One question is : whether resident non-citizens should be granted the right to vote. The answer to this question depends on who belongs to "the people". In federal and quasi-federal States with multiple levels of government the further question arises : whether "the people" is a homogenous concept that applies uniformly across all levels of government. This article contributes to the debate about the right of foreigners to vote in democratic States with multiple levels of government, such as, South Africa and Kenya. It does so by discussing the German response to the problems mentioned above. The dominant view of the German Federal Constitutional Court since the 1990s has been that "the people" only includes "German citizens" , and that attempts by lower levels of government to extend the right to vote to foreigners from Africa and elsewhere are unconstitutional. In this article I explore and critique this conventional view. I then present a positive case for the extension of voting rights to resident non-citizens under the German Constitution. Many of the arguments would apply with equal force to the debate about the right to vote of foreigners in African multi-level democracies, such as, South Africa and Kenya. Keywords: Denizenship, Citizenship, Voting rights, Nationality law, Multi-level government, The people, Foreigners, Residents, Affected persons principle, Democracy.

The Right to Anonymity in Political Activities

2013 ◽  
pp. 202-220
Author(s):  
Knut Fournier
Keyword(s):  
The United States ◽  
Political Rights ◽  
Right To Privacy ◽  
Political Activities ◽  
Political Consequences ◽  
The Public ◽  
The Right To Privacy ◽  
Recent Developments ◽  
The Right ◽  
Political Value

The complexity of the right to privacy is particularly striking when the issues at stake are, ultimately, other political rights and freedoms such as the right to free speech and the right of association. The surveillance of individuals and groups by the state has strong political consequences: the surveillance of political activities re-defines what the private sphere is, and displaces its limits, in a context in which more information is becoming available to the public. Multiple recent developments, exemplified by the role of the right to privacy in movies, exacerbated the tensions between Europe and the United States over the notion of privacy. The future EU data protection laws will create a right to be forgotten, whose political value is still unknown.

scholarly journals Uptake and knowledge of voting rights by adult in-patients during the 2010 UK general election

2012 ◽  
Vol 36 (4) ◽  
pp. 126-130 ◽  
Author(s):  
James McIntyre ◽  
Masum Khwaja ◽  
Venkata Yelamanchili ◽  
Sobia Naz ◽  
Maria Clarke
Keyword(s):  
General Population ◽  
Voting Rights ◽  
General Election ◽  
Clinical Implications ◽  
Psychological Barriers ◽  
Registration Process ◽  
Written Information ◽  
Right To Vote ◽  
The Right ◽  
Information Barrier

Aims and methodThis study explores knowledge and uptake of the voting rights of adult in-patients in the 2010 UK general election. A clinician-completed survey was used.ResultsEligible to vote psychiatric adult in-patients were half as likely to register as the general population and half as likely to vote if registered. Nine out of ten of those unregistered cited a lack of knowledge of their eligibility to vote or of the registration process. Long-stay patients were particularly disenfranchised.Clinical implicationsMany patients and staff remain unaware of the new rules which have given a greater proportion of in-patients the right to vote and have simplified the registration and voting processes. This information barrier may be addressed in future elections by providing timely written information to both patients and staff. Once registered, patients may need further support to overcome practical and psychological barriers, and cast their vote.

The Right to Political Participation in Sub-Saharan Africa

2019 ◽  
Vol 8 (2) ◽  
pp. 128-161
Author(s):  
Christof Heyns ◽  
Charles Fombad ◽  
Pansy Tlakula ◽  
Jimmy Kainja
Keyword(s):  
Political Participation ◽  
Freedom Of Expression ◽  
Sub Saharan Africa ◽  
Political Rights ◽  
Political Systems ◽  
International Treaties ◽  
The People ◽  
Sub Saharan ◽  
The Right

The effective realisation of the right to political participation is essential for the legitimacy of political systems and for enabling the people to shape, and assume responsibility for, their lives. Although the right to political participation is recognised in article 25 of the International Covenant on Civil and Political Rights as well as in other international treaties, its realisation in practice is often partial, it depends on the extent to which numerous interrelated rights, such as those to freedom of expression, access to information and peaceful protest, have been secured. Focusing on sub-Saharan Africa, this article examines the right to political participation as set out in national constitutions and in the instruments of the United Nations, the African Union and sub-regional bodies. It also considers the role of social media in this context. The article concludes by suggesting how this crucial right could be implemented more effectively in Africa.

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