scholarly journals Peru: From Exclusionary Constitutionalism to a Transformative One, Progress and Remaining Challenges

2021 ◽  
Vol 4 (2) ◽  
pp. 1
Author(s):  
Marcela Huaita -Alegre ◽  
Andrea Choccechanca -Gamboa
Keyword(s):  
Sexual Orientation ◽  
Political Participation ◽  
Gender Relations ◽  
The State ◽  
Gender Perspective ◽  
Reproductive Choices ◽  
Participation Of Women ◽  
The Right ◽  
Feminist Movements ◽  
Second Wave

This article covers the evolution of key gender relations issues in Peruvian constitutions for almost a century, from 1931 to 2021. It analyses the path travelled from the exclusion of women as citizens to the achievement of parity in political participation; the transformation of the equality clause into one that has the possibility to incorporate discrimination based on sexual orientation as a prohibited category; as well as changes in the conception of maternity protection by the State, until one arrives at a provision that recognizes the right of people to decide individually about their reproductive choices. The article also reports on the participation of women in the struggle for these gains, their initiatives both in formal and informal spaces, as well as the demands of first and second wave feminist movements. All these points are organised through categories coined by Ruth Rubio Marín, to understand constitutionalism from a gender perspective: exclusionary, inclusive, participatory, and transformative constitutionalism.

scholarly journals Efektivitas Komik Saku sebagai Media Pemilih dan Pemilu bagi Perempuan Marginal

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Dhyah Ayu Retno Widyastuti ◽  
Mustika Kuri Prasela
Keyword(s):  
Political Participation ◽  
Married Women ◽  
Political Awareness ◽  
Gender Perspective ◽  
Participation Of Women ◽  
The Media ◽  
Gender Awareness ◽  
The Government

Abstract: Women’s participation in politics is very low particularly because of the situation in which women are marginalized both in terms of voters and candidates. In this sense, voter education based on gender perspective is one of the significance ways to increase women’s political awareness. Pocket comic is seen as a media that can be used to achieve such awareness. This study examines the effectiveness of comic as an aid used in voter education in order to increase political participation of women as evaluators. This study found that pocket comic could be well understood by married women who received information from the media. Those women had also been trained by the Government and the PKK in the elections training through which they were stimulated to have gender awareness and then internalize it in their life.

scholarly journals DEMOCRACIA E CRIMINALIZAÇÃO DOS MOVIMENTOS SOCIAIS NO BRASIL: as manifestações de junho de 2013

2016 ◽  
Vol 19 (2) ◽  
pp. 393
Author(s):  
Ilse Gomes Silva
Keyword(s):  
Social Movements ◽  
Working Class ◽  
Political Participation ◽  
Freedom Of Expression ◽  
Living Conditions ◽  
The State ◽  
The Political ◽  
State Action ◽  
Brazilian State ◽  
The Right

Resumo: O artigo tem como objetivo levantar elementos para a análise da ação do Estado brasileiro diante das manifestações de junho de 2013 e compreender o processo de criminalização dos movimentos sociais. As manifestações de junho de 2013, em todo o território brasileiro, denunciaram a precarização das condições de vida da população e a forma violenta do Estado tratar a classe trabalhadora quando ousa reivindicar seus direitos. Diversos movimentos sociais estão nas ruas exercendo o direito à participação política e pressionando as instituições da democracia. A reação violenta do Estado brasileiro a estas manifestações indicam que direitos duramente conquistados, como a liberdade de expressão e organização, estão ameaçados, o que coloca em risco a participação política da classe trabalhadora e, consequentemente, a democracia.Palavras-chave: Poder político, autoritarismo, movimentos sociais, democracia.DEMOCRACY AND CRIMINALIZATION OF SOCIAL MOVEMENTS IN BRAZIL: the manifestations on june 2013Abstract: The article aims to identify elements for the Brazilian state action on the analysis of the manifestations on June 2013 and understand the process of criminalization of social movements. The manifestations on June 2013, in all of Brazil, denounced the deterioration of people’s living conditions and the violent way the state treat the working class when it dares to claim their rights. Diverse social movements are on the streets exercising the right to political participation and exerting pressure on institutions of democracy. The violent reaction of the Brazilian state to these demonstrations indicate that hard-won rights such as freedom of expression and organization, are threatened, which endangers the political participation of the working class and hence democracy.Key words: Political power, authoritarianism, social movements, democracy.

PARTISIPASI DAN KOMUNIKASI POLITIK PEREMPUAN DI LEGISLATIF MENURUT KACAMATA POLITISI PEREMPUAN DI INDONESIA

2021 ◽  
Vol 9 (2) ◽  
pp. 119-129
Author(s):  
Theresia Parwati ◽  
Kuspuji Istiningdiah
Keyword(s):  
Political Participation ◽  
Public Space ◽  
The Political ◽  
Women's Voices ◽  
Representation Of Women ◽  
Participation Of Women ◽  
Practical Politics ◽  
Research Findings ◽  
The Right ◽  
Internal And External Factors

Today, women political participation is still low in number. It causes the shortness of women representation in policy and decision making. In fact, the representation of women has not been heard fully in the public space. Many women's voices have not been conveyed. This article examined woman’s political participation and communication in the political area in Indonesia. The main problems of this research were why the participation of women in politics in formal institutions relatively low and how the communication role in that matter. This research used descriptive qualitative method by interviewing 18 women politicians in legislative on June 26th until July 4th online. The research findings show the lack of women participation as the representative. The low representation of women in direct political participation was influenced by various internal and external factors. They included women’s unwillingness to plunge directly into the world of practical politics, patriarchy cultural factors, and incapability of women to solve lots of real-problems. It is why we still need the right step to create equality and access to women in the political scope.

scholarly journals Nach dem Juni-Aufstand

2015 ◽  
Vol 45 (179) ◽  
Author(s):  
Fatma Umul
Keyword(s):  
Social Movement ◽  
Paradigm Shift ◽  
Gender Relations ◽  
Nuclear Family ◽  
The State ◽  
Feminist Critique ◽  
Power Structures ◽  
Participation Of Women ◽  
State Apparatus ◽  
The Relationship

The article focuses on the participation of women and the feminist critique of the AKP government. The aim is to provide a differentiated analysis of Gezi protests with a view of the backgrounds and the discursive developments up to the time of the outbreak of the protests and thereby contributing to the understanding of this social movement. The June uprising in Turkey can be regarded as an outcry against a paradigm shift that has established itself over the last 12 years due to the reconstruction of the legislation and the reorganization of the state apparatus. To closer examine the position of women, the article analyze the gender relations in Turkey and the paradigm shift represented in women’s policy. Thus the relationship between the nation and the nuclear family concept as a discursive place where power structures are reproduced will be highlighted. Furthermore, seven interviews with women were analyzed to discover which aspects of the women’s policy of the AKP the protagonists criticize. These aspects were contrasted with the discursive developments in women’s policy which enabled the reconstruction of reasons for the outbreak of the protests in June 2013.

scholarly journals Transgender viewed from the perspective of positive law, health, and cultures in Indonesia

2021 ◽  
Vol 29 (2) ◽  
pp. 256-268
Author(s):  
Fifik Wiryani ◽  
Nurul Ummah ◽  
Mokhammad Najih ◽  
Muhammad Nasser ◽  
Nur Rohim Yunus
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Minority Group ◽  
The State ◽  
Public Order ◽  
Religious Activities ◽  
Transgender People ◽  
Positive Law ◽  
Serious Disease ◽  
The Right

Transgender people are seen as an abnormal minority group that bends the accepted sexual orientation against the cultures in Indonesia. This trend is also believed to be more prone to diseases. From the perspective of ius constitutum, transgender people are under different protection as set forth in Article 1 paragraph (3) of Law Number 39 of 1999 and Article 28 J of the 1945 Indonesian Constitution. However, the human rights governed are restricted to moral and religious, security, and public order rights. In the view of the positive law, in terms of health, every individual has the right to decide how they should live their life, but health is generally linked to diseases. When it comes to this matter, it can also be deemed inappropriate or deviant. Transgender people may be deprived of society, and they may have narrower room for their day-to-day activities such as mingling in religious activities and society, and even going to the restroom). This sexual tendency could also cause a serious disease like HIV/AIDS and irritate others due to their existence around them. In a different view, transgender people are recognized by the State that attempts to save them from conflicting thoughts of their existence. To conclude, being transgender is an inner disease existing in an individual. Although it is seen as normal by transgender people, this reality is still seen as discomfort by others.

scholarly journals Women’s Political Participation in Jordan

2020 ◽  
Vol 7 (1) ◽  
pp. 83-88
Author(s):  
Mazen Hussien Faleh Hawamdeh ◽  
Ahmad Saher Ahmad Al-Qteishat
Keyword(s):  
Political Parties ◽  
Political Participation ◽  
Political Activism ◽  
Political Life ◽  
The Political ◽  
Active Member ◽  
Political Work ◽  
Participation Of Women ◽  
Traditional Structure ◽  
The Right

Jordanian womens participation in public policy dates back to 1950s. However, political activism came to a halt in the period between 1956 and 1992. In 1992, the new Political Parties Law granted women the right to participate in political parties. Since then, women became an active member of political parties, but their participation remained largely symbolic and not influential. Women did not seek to join parties. As a result, women are still largely unrepresented in the state. In addition, and the number of women involved in these parties remains low. There are a number of challenges that prevent womens participation in political life in Jordan, such as social restrictions resulting from the traditional structure of Jordanian society. This article discusses the political participation of women in Jordan and addresses the most prominent challenges facing the political work of women in Jordan.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
The State ◽  
Hate Groups ◽  
New Approach ◽  
State Action ◽  
Democratic State ◽  
Theory Of Value ◽  
The Right ◽  
Equal Citizenship ◽  
The Ideal

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

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