Institutional Legal Reform in Kuwait after 2011

Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 357-395
Author(s):  
Rania Maktabi
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Religious Pluralism ◽  
Political Rights ◽  
Family Courts ◽  
Legal Studies ◽  
Arab Uprisings ◽  
State Apparatus ◽  
History Of ◽  
First Time

Abstract In 2015, Law 12 legislated for the establishment of family courts for the first time in the modern history of Kuwait. The reflections and experiences of stakeholders—judges, lawyers, and administrators—surrounding this law are here contextualized from three perspectives: (1) as an institutional means of strengthening Kuwaiti women’s civil rights in marriage and divorce after women were given political rights in 2005; (2) as part of wide-ranging juridical reforms, including the passing of the Law on the Child in 2015, the expansion of the Kuwait Institute for Judicial and Legal Studies’ powers, and the certification of graduates from the Faculty of Sharīʿa as legal advisors in the state apparatus after 2012; and (3) as an avenue for managing religious pluralism in a state where one-third of the citizenry are Shiʿa Muslim. The sum of these different reforms in the legal sphere are acts of governance that reflect establishing rule-of-law guidelines as a means of centralizing political authority and, by extension, the ruling Āl Ṣubāḥ regime’s grip on power following the 2011 Arab uprisings.

scholarly journals Constructing the Citizen: The Primrose League and the Definition of Citizenship in the Age of Mass Democracy in Britain, 1918-1928

2006 ◽  
Vol 7 (1) ◽  
pp. 125-151 ◽  
Author(s):  
Matthew Hendley
Keyword(s):  
Civil Rights ◽  
Conservative Party ◽  
Political Environment ◽  
British Politics ◽  
Political Rights ◽  
Large Numbers ◽  
The Social ◽  
Mass Democracy ◽  
Definition Of ◽  
First Time

Abstract The Primrose League was a patriotic mass organisation nominally independent from, but allied to the British Conservative Party. During the last quarter of the nineteenth century, it politically mobilised large numbers of British women. In addition, through its social activities, the League assisted with the social integration of those holding full political rights with those who did not. The Fourth Reform Act of 1918 fundamentally altered the structure of British politics by tripling the size of the electorate and giving the vote to a significant number of British women for the first time. In this new political environment, Conservatives were concerned with countering the rising Labour Party and limiting the expectations of new voters. After 1918, the Primrose League attempted to define or construct a partisan model of citizenship. The League's model emphasised citizens' duties, individuals' civil rights and the idea of active citizenship. This campaign both helped the Conservative Party to adjust to the new political order and gave the Primrose League a new role to play in the age of mass democracy.

scholarly journals Feminismo, Violência e Poder: Uma Análise Histórico-Jurídica da Trajetória e dos Documentos que Culminaram na Lei Maria da Penha e no Feminicídio

2017 ◽  
Vol 11 (3) ◽  
Author(s):  
Cristian Kiefer Da Silva ◽  
Débora Totini Seabra ◽  
Luiz Antônio Soares Júnior
Keyword(s):  
Civil Rights ◽  
Virginia Woolf ◽  
Mary Wollstonecraft ◽  
Minas Gerais ◽  
Political Rights ◽  
Legal Analysis ◽  
Commercial Code ◽  
State Apparatus ◽  
Olympe De Gouges ◽  
The Waves

FEMINISMO, VIOLÊNCIA E PODER: UMA ANÁLISE HISTÓRICO-JURÍDICA DA TRAJETÓRIA E DOS DOCUMENTOS QUE CULMINARAM NA LEI MARIA DA PENHA E NO FEMINICÍDIO  FEMINISM, VIOLENCE AND POWER: AN HISTORICAL AND LEGAL ANALYSIS OF THE TRAJECTORY AND THE DOCUMENTS WHICH CULMINATED IN THE MARIA DA PENHA LAW AND THE FEMICIDE  Cristian Kiefer da Silva* Débora Totini Seabra**Luiz Antônio Soares Júnior***  RESUMO: O presente trabalho procura demonstrar que a Lei Maria da Penha e o Feminicídio são resultado da contestação a um processo histórico sexista através de movimentos sociais denominados de ondas do feminismo os quais culminariam na elaboração de documentos (inter)nacionais dentre os quais as leis que aqui serão tratadas. Eis que, historicamente, a sociedade se organizou numa estrutura patriarcal fundamentada na natureza humana, sobretudo na perspectiva de dominação e poderio dos homens sobre as mulheres o que levaria a uma sujeição da mulher ao marido e ao próprio aparelho estatal. Para demonstrar tal perspectiva, serão estudados, inicialmente, os aspectos históricos justamente com as ondas do feminismo, analisando a produção documental de feministas como Olympe de Gouges. Igualmente, serão objeto de estudo Mary Wollstonecraft, Virgínia Woolf, dentre outras que receberam o nome de tricoteuses. Paralelamente, serão abordadas convenções como a Convenção para o Direito das Mulheres de 1848, a Convenção de Seneca Falls, disposições do Código Civil brasileiro de 1916, do Código Comercial brasileiro de 1850, as Ordenações Filipinas, o Estatuto da Mulher Casada e de convenções mais recentes, tais como a Convenção Interamericana sobre a Concessão dos Direitos Civis à Mulher, a Convenção sobre os direitos políticos da Mulher, a CEDAW, e a Convenção Interamericanas para prevenir, punir e erradicar a violência contra a Mulher. Por fim, passar-se-á à análise da fragmentação da ideia de poder e violência, bem como da Lei Maria da Penha e do Feminicídio, destacando os seus aspectos mais relevantes. PALAVRAS-CHAVE: Feminismo. Feminicídio. Lei Maria da Penha. Violência. Poder. ABSTRACT: The present paper seeks to demonstrate that the Maria da Penha Law and the Feminicide are the result of the challenge to a historical sexist process through social movements denominated waves of feminism that culminate in the elaboration of (inter) national documents among which the laws that here will be explored. Historically, society has organized itself into a patriarchal structure based on human nature, especially in the perspective of domination and power between men and women, which led to the subjection of women to their husbands and to the state apparatus. In order to demonstrate this perspective, it will be firstly studied the historical aspects precisely with the waves of feminism, analyzing the documentary production of feminists like Olympe de Gouges. It will also be mentioned Mary Wollstonecraft, Virginia Woolf, among others who were called tricoteuses. At the same time, it will be studied conventions such as the Convention on the Rights of Women of 1848, the Seneca Falls Convention, and, in depth, provisions of the Brazilian Civil Code of 1916, the Brazilian Commercial Code of 1850, the Philippine Statute of Married Women and more recent conventions such as the Inter-American Convention on the Granting of Civil Rights to Women, the Convention on the Political Rights of Women, CEDAW, and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women. Finally, the analysis of the fragmentation of the idea of power and violence will be analyzed as well as the Maria da Penha Law and the Feminicide Law, highlighting its most relevant aspects. KEYWORDS: Feminism. Feminicide. Maria da Penha Law. Violence. Power.  SUMÁRIO: Introdução. 1 As Ondas do Feminismo. 2 Os Principais Documentos Internacionais para a Promoção dos Direitos das Mulheres e da Igualdade de Gênero. 2.1 A Carta das Nações Unidas; Convenção Interamericana sobre a concessão dos Direitos Civis à Mulher; e a Convenção sobre os Direitos Políticos da Mulher. 2.2 A Convenção sobre os Direitos Políticos da Mulher e a Convenção para eliminação de todas as formas de discriminação contra a Mulher (CEDAW). 2.3 A Convenção Interamericana para prevenir, punir e erradicar a violência contra a Mulher – Convenção De Belém Do Pará. 3 A Fragmentação da Ideia de Poder e Violência: Lei Maria da Penha (Lei Nº 11.340 De 2006) e Feminicídio (Lei 13.104/2015). Considerações Finais. Referências.* Pós-Doutorando e Doutor pela Pontifícia Universidade Católica de Minas Gerais (PUC Minas). Professor dos Programas de Pós-Graduação em Direito da Pontifícia Universidade Católica de Minas Gerais (PUC Minas), da Faculdade Estácio de Sá, Minas Gerais, e do Instituto Universitário Brasileiro (IUNIB), Minas Gerais. Professor da Escola de Direito do Centro Universitário UNA, do Centro Universitário Newton Paiva e Minas Gerais e da Faculdade de Minas (Faminas-BH), Minas Gerais. ** Graduada em Direito pela Pontifícia Universidade Católica de Minas Gerais (PUC Minas).*** Graduado em Direito pela Pontifícia Universidade Católica de Minas Gerais (PUC Minas). 

scholarly journals Volodymyr Boshko: an attempt to make a scientific biography of a scholar

2019 ◽  
pp. 12-21
Author(s):  
Igor Usenko ◽  
Liudmyla Mikhnevych
Keyword(s):  
Family Law ◽  
Educational Activity ◽  
Accurate Information ◽  
Academic Institutions ◽  
Scientific Heritage ◽  
Legal Studies ◽  
General Terms ◽  
History Of ◽  
Academy Of Sciences ◽  
First Time

On the basis of the sources published and new archival materials, more accurate information on well-known jurist Volodymyr Boshko’s life and his scientific, teaching and public activities is provided. For the first time, information on the unlawful repression of the scientist’s daughter and older brother is given. The main stages of his life, career, and scientific heritage are described. The little known scientific works of the jurist have been returned to scientific circulation. Particular attention is paid to Boshko’s early social and political essays. His achievements in the spheres of history of law and family law have been identified. It is emphasized that professor Boshko was the author of the first Soviet textbook on history of political and legal studies, which had been the only one for 30 years. It also has been found out that his scientific works concerning problems of the legal status of spouses and illegitimate children, alimony law and factual marriage are still relevant. The legal positions of the scholar on issues of state law, in particular the notions of sovereignty, equality of states, sovereignty of federations, content and legal nature of some human rights, are also covered. The works of the professor in the fields of civil and agrarian law are also mentioned. His talent as a teacher and the head of a number of academic institutions is indicated, in particular the attention is paid to his educational activity in various academic institutions of railway transport. The information on Boshko’s initiative on the state program “Big Dnieper” is given. The jurist’s affiliation to the activities of Kyiv Branch of the All-Ukrainian Scientific Association of Oriental Studies and of the All-Ukrainian Academy of Sciences has been revealed. For the first time, the scholar’s initiative to establish the Institute of Law and the Department of Philosophy of Law in the system of the Academy of Sciences of the USSR is covered in detail. The milestones of the scientist’s life in the evacuation and post-war years of his activity at the Law Faculty of Kyiv University are reproduced in general terms. It is found that in recent years, the scholar had been actively working on his doctoral thesis on Soviet family law and had been preparing a three-volume work in history of political and legal studies, but these works were not completed.

scholarly journals ARTICLE 7 PROCESS AND DEMOCRATIC BACKSLIDING OF HUNGARY AND POLAND. DEMOCRACY AND THE RULE OF LAW

2020 ◽  
pp. 57-85
Author(s):  
Łukasz ZAMĘCKI ◽  
Viktor GLIED
Keyword(s):  
Rule Of Law ◽  
The Political ◽  
Eastern European ◽  
Council Of Europe ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
History Of ◽  
Eastern European Countries ◽  
First Time ◽  
The Eu

This paper examines developments in Poland following the 2015 elections and in Hungary since 2010, which included the gradual destruction of democratic institutions, challenges to the rule of law, as well as to the system of checks and balances. The authors consider the Ziblatt–Levitsky model (2018) as a meaningful framework for the analysis of the way in which the power structure was reshaped and have based their research on the classification set out in this model. Our objective is to present the political changes that took place in the two Central-Eastern-European countries during the last decade that resulted in the process under Article 7 being used for the first time in the history of the EU. The paper conclusion is that the path of de-democratization of Hungary and Poland is seen from the perspective of the EU and Council of Europe, as similar one. In actions taken toward both countries, the EU concerns mostly the principle of the rule of law.

SUBVERSIÓN Y COERCIÓN: izquierdas y derechas en los inicios de la democracia chilena del siglo XX

2016 ◽  
Vol 13 (21) ◽  
pp. 172-194
Author(s):  
VERÓNICA VALDIVIA ORTIZ DE ZáRATE
Keyword(s):  
Civil Rights ◽  
The State ◽  
Political Rights ◽  
Right Wing ◽  
Left Wing ◽  
Working Classes ◽  
Palabras Clave ◽  
State Apparatus ◽  
Definition Of ◽  
The Right

Resumen: El artá­culo analiza el debate entre las nacientes izquierdas y derechas chilenas respecto de los dispositivos coercitivos estatales, en el marco de la crisis de dominación oligárquica y la redefinición del Estado. Siguiendo las interpretaciones que cuestionan la tesis democratizadora del paá­s, a partir de la Constitución de 1925, este trabajo evalúa la posición de las orgánicas de trabajadores, ligados al marxismo y al anarquismo, como de liberales y conservadores, respecto de los cambios que sufrió el aparato estatal en materia de derechos ciudadanos y de coerción. Nuestra hipótesis es que el reconocimiento de derechos sociales, económicos y polá­ticos a clases medias y obreros, que abrió paso a la democratización, estuvo sostenido en la redefinición de los dispositivos coercitivos del Estado, influyendo en la definición de izquierdas y derechas.  Palabras clave:  Izquierdas. Derechas. Represión.SUBVERSION AND COERCION:  The Left and the Right in the Dawn of Chile”™s 20th-Century DemocracyAbstract: This paper examines the debate between the emerging right- and left-wing parties in Chile in regard to the State”™s repressive devices, within the context of the crisis of oligarchic domination and its subsequent redefinition of the State. Sharing those interpretations that contest the supposed democratization of the country as a result of the 1925 Constitution, the article assesses the stance adopted by the working-class organizations linked to Marxist and anarchist positions, as well as by liberals and conservatives, in relation to the changes undergone by the State apparatus in the fields of civil rights and coercion. Our hypothesis is that the recognition of social, economic and political rights for the middle and working classes, which paved the way towards a more effective democracy, stood upon the redefinition of the State”™s coercive devices, influencing the definition of Right and Left.Keywords: Left Wing. Right Wing. Repression.  SUBVERSAO E COERCAO:  esquerdas e direitas nos iná­cios da democracia chilena do século XXResumo: O artigo analisa o debate entre as nascentes esquerdas e direitas chilenas nas suas relações com os dispositivos repressivos estatais inseridos no contexto da crise de dominação oligárquica e da renovação do Estado. Compartilhando as interpretações que questionam a tese da suposta democratização do paá­s após a Constituição de 1925, este trabalho avalia a perspectiva das organizações operárias vinculadas ao marxismo e ao anarquismo, bem como as posições dos liberais e conservadores a respeito das mudanças que sofreu o aparelho estatal em matéria de direitos cidadãos e coerção. Partimos da hipótese de que o reconhecimento dos direitos sociais, econômicos e polá­ticos das classes médias e operárias que possibilitou a democratização, sustentou-se na redefinição dos dispositivos coercitivos do Estado e influenciou na definição das organizações como de esquerda ou de direita.Palavras-chave:  Esquerdas. Direitas. Repressão.

The Sudanese Communist Movement

2019 ◽  
Author(s):  
Yoshiko Kurita
Keyword(s):  
Communist Party ◽  
Significant Role ◽  
Political Rights ◽  
National Liberation ◽  
The South ◽  
The North ◽  
State Apparatus ◽  
Communist Movement ◽  
History Of ◽  
Civil And Political Rights

Throughout the political history of Sudan, the presence of the Sudanese Communist Party (SCP, established in 1946) has been quite conspicuous. Often referred to (rather exaggeratedly) as one of the strongest communist parties in the Middle East and Africa, it has undoubtedly played a significant role in Sudanese society, struggling for both the expansion of civil and political rights of the ordinary masses and the achievement of social justice. The significance of the communist movement in Sudan might be better understood when located within the context of the history of the national liberation movement in Sudan. As its original name, the Sudanese Movement for National Liberation (SMNL) suggests, the communist party started initially as a movement by a group of Sudanese students and youth, who aspired to the liberation of their country from British colonial rule (to which Sudan had been subjected since 1899) but were disappointed with the attitude of the traditional political elites and, guided by Marxist ideology, came to realize the importance of the social dimension of national liberation. Subsequently, the party succeeded in expanding its social basis among the working masses, notably the railway workers and the peasants working for large-scale cotton schemes. After the independence of Sudan (1956), while the ruling elites who came to power (tribal and religious leaders, big merchants, elite officials, and so on) were not interested in changing the essentially colonial nature of the Sudanese state they inherited from the British (such as the unbalanced development and the oppressive nature of the state apparatus), the Sudanese Communist Party called for making radical changes in the economic and political structure of the country, advocating a “national and democratic program.” This aimed at the de-colonization of the economic structure, democratization of the state apparatus, and the expansion of civil and political rights. It also called for a democratic solution for the question of economically and politically marginalized peoples and regions inside Sudan, such as the South. One of the most remarkable achievements of the SCP was its role in the struggle against military dictatorships, which came to dominate the Sudanese political scene only a few years after independence. When, in order to contain the growing strength of the working masses, the traditional elites involved the army in politics (1958) and the ‘Abbud military regime came to power, the SCP played a significant role in organizing popular struggle and paved the way for the 1964 “October Revolution,” which put an end to the dictatorship. Again, the SCP played a significant role in the struggle against the Numeiry regime (a military dictatorship that took a quasi-leftist posture when it came to power in 1969 but eventually revealed its reactionary character) and contributed to the success of the 1985 intifada (popular uprising), which toppled the dictatorship. Finally, when another coup d’état took place in 1989 and ‘Umar Bashir and the other army officers affiliated with the National Islamic Front came to power, the SCP played a key role in the establishment of the National Democratic Alliance (NDA), a broad umbrella organization that included not only the political parties in the North but also political forces representing the interests of marginalized areas, such as the Sudan People’s Liberation Movement (SPLM). The SCP contributed to the crystallization of the program of the NDA, which agreed on important principles concerning the future of Sudan, such as democracy, a balanced economy, the separation of religion and politics, and the right to self-determination for the South. Developments since the conclusion of the Comprehensive Peace Agreement (2005) between the Bashir regime and the SPLM have been presenting new challenges to the SCP. As a result of the independence of the South (2011), the party members in the South established a new party, the Communist Party of South Sudan. In the North, the dictatorial regime still persists, and suppression of the working masses and marginalized areas (such as Dar Fur) intensifies. Changes in the international and global milieu, such as the failure of Soviet-type socialism and the fragmentation of the working class as a result of the onslaught of neoliberalism, have also had their repercussions, and the Sudanese communists in the early decades of the 21st century are obviously experiencing a time of ordeal, politically, socially, and intellectually. In assessing the role of the communist movement in Sudan, social and cultural aspects should not be overlooked. Being a movement basically aimed at the democratization of Sudanese society, it has inspired the movements by hitherto-neglected social groups such as women, youth, and people from marginalized regions. Culturally also, it has been a source of inspiration for many artists and musicians, such as the singer Muhammad Wardi and the poet Mahjub Sharif.

The Oviedo Convention: A European Legal Framework at the Intersection of Human Rights and Health Law

2005 ◽  
Vol 2 (4) ◽  
Author(s):  
Roberto Andorno
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
European Convention ◽  
Political Rights ◽  
General Terms ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
History Of ◽  
Degrading Treatment ◽  
First Time

AbstractIntroductionThe European Convention on Human Rights and Biomedicine of 1997 (“Oviedo Convention“) is the best current example of how to promote the protection of human rights in the biomedical field at a transnational level. The importance of this instrument lies in the fact that it is the first comprehensive multilateral treaty addressing biomedical human rights issues. Certainly, some of the principles it contains were already included in more general terms in previous international human rights treaties, such as the International Covenant on Civil and Political Rights of 1966 and the European Convention on Human Rights of 1950 (e.g. the rights to life, to physical integrity and to privacy, the prohibition of inhuman or degrading treatment and of any form of discrimination). However, this is the first time that these rights have been developed and assembled in one single multilateral binding instrument entirely devoted to biomedical issues.The purpose of this paper is, first, to give an overview of the history of the Convention; second, to present its general characteristics; and finally to summarize its key provisions.

Citizenship, civil war and welfare: the making of modern Ireland

2017 ◽  
Author(s):  
Robert Pinker
Keyword(s):  
Civil War ◽  
Civil Rights ◽  
Social Services ◽  
Civil Wars ◽  
Well Being ◽  
Social Rights ◽  
Political Rights ◽  
The Status ◽  
History Of ◽  
Conflictual Relationship

In this chapter, Robert Pinker examines how civil war influences T.H. Marshall's hypothesis that the civil, political and social rights of citizenship developed under conditions of peace. Using the examples of Ireland and Northern Ireland, Pinker discusses the conditions in which the advancement of welfare or well-being is likely to be seriously disrupted by focusing on Marshall's theory of citizenship and welfare. Marshall describes three key elements in the status of citizenship: civil rights, political rights and social rights. Pinker traces the history of the often conflictual relationship between England and Ireland in order to address a gap in Marshall's theory of citizenship and welfare, rendering it open to criticism. He suggests that civil wars ‘are not fought over the conventional issues of social welfare. Ordinary people are not prepared to kill or be killed in the cause of better social services’.

Chocolate City

2017 ◽  
Author(s):  
Chris Myers Asch ◽  
George Derek Musgrove
Keyword(s):  
Civil Rights ◽  
Slave Trade ◽  
Political Rights ◽  
Drug War ◽  
Local Activism ◽  
History Of ◽  
Plantation Society ◽  
Rich History

Monumental in scope and vividly detailed, Chocolate City tells the tumultuous, four-century story of race and democracy in our nation’s capital. Emblematic of the ongoing tensions between America’s expansive democratic promises and its enduring racial realities, Washington often has served as a national battleground for contentious issues, including slavery, segregation, civil rights, the drug war, and gentrification. But D.C. is more than just a seat of government, and authors Chris Myers Asch and George Derek Musgrove also highlight the city’s rich history of local activism as Washingtonians of all races have struggled to make their voices heard in an undemocratic city where residents lack full political rights. Tracing D.C.’s massive transformations--from a sparsely inhabited plantation society into a diverse metropolis, from a center of the slave trade to the nation’s first black-majority city, from “Chocolate City” to “Latte City”--Asch and Musgrove offer an engaging narrative peppered with unforgettable characters, a history of deep racial division but also one of hope, resilience, and interracial cooperation.

Introduction

2016 ◽  
Author(s):  
Leah Perry
Keyword(s):  
Popular Culture ◽  
Civil Rights ◽  
Media Studies ◽  
Immigration Reform ◽  
Legal Analysis ◽  
Legal Studies ◽  
History Of ◽  
Reagan Era ◽  
And Control ◽  
Feminist Movements

This chapter introduces the social, historical, and political elements of 1980s immigration debates in both policy-making and popular culture. Drawing on scholarship in American Studies, Gender and Sexuality Studies, Race and Ethnic Studies, Critical Legal Studies, and Media Studies, it outlines the two central tropes in 1980s immigration debates that culminated with the passing of the Immigration Reform and Control Act of 1986, the “nation of immigrants” and “immigration emergency” tropes. It argues that in response to the civil rights and second-wave feminist movements, gendered Reagan-era discourse about Latin American, Asian, and white ethnic immigration was a crucial ingredient in the forming of the neoliberal idea of democracy. The history of immigration and popular culture is outlined, as is the book’s methodology, which blends feminist media studies with critical legal analysis to dialectally examine significant moments in immigration policymaking and contemporary popular culture.

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