scholarly journals Direitos Humanos, Cidadania e Violência no Brasil: a qualidade da democracia em perspectiva | Human Rights, Citizenship and Violence in Brazil: the quality of democracy in perspective

2020 ◽  
Vol 11 ◽  
pp. e50753
Author(s):  
Carlos Frederico Domínguez Ávila

O artigo explora a evolução recente dos Direitos Humanos, da Cidadania e da Violência, e seus impactos na qualidade da democracia no Brasil. São utilizadas como unidades de análise três conjuntos de tópicos: a dignidade pessoal, os direitos civis, e os direitos políticos. Em geral, constata-se a existência de uma distância considerável entre a proclamação normativa desses Direitos Humanos no sistema legal, de um lado, e a efetiva promoção e execução desses direitos básicos na realidade política e social do Brasil.Palavras-chave: Direitos Humanos; Qualidade da Democracia; Brasil.ABSTRACTThe paper explores the evolution of Human Rights, Citizenship and Violence, and their impacts in the study of democratic quality in Brazil. It is used three set of basic rights as topics for research: the personal dignity, the civil rights, and the political rights. At the end, it is noted some distance between the existence of opportunities for Human Rights in the legal system of the country and the actual guarantee of those set of basic rights in the political and social Brazilian reality.Keywords: Human Rights; the Quality of Democracy; Brazil. Recebido em: 30 de Março 2020.

2017 ◽  
Vol 14 (1) ◽  
pp. 168
Author(s):  
Jefri Porkonanta Tarigan

Keberadaan jaminan atas perlindungan HAM telah menjadi unsur penting dalam negara hukum yang demokratis dan berdasarkan konstitusi. Indonesia sebagai negara hukum, telah mewujudkan jaminan perlindungan HAM yang tertuang dalam konstitusinya yaitu Undang-Undang Dasar 1945. Meskipun demikian, pencantuman jaminan HAM di Undang-Undang Dasar tidaklah cukup, melainkan harus diikuti pula oleh Undang-Undang yang berlaku sebagai bentuk politik hukum perlindungan HAM di Indonesia. Muatan suatu produk hukum termasuk akomodasi HAM akan sangat ditentukan oleh visi politik kelompok penguasa. Akomodasi politik hukum di Indonesia terhadap konsepsi HAM berdasarkan generasi pemikirannya terus mengalami perkembangan sejak memasuki era reformasi. Produk hukum mengenai HAM menjadi lebih banyak dihasilkan dibandingkan sebelum reformasi. Konfigurasi politik pada saat dimulainya reformasi tahun 1998 dan peralihan dari rezim otoriter ke alam demokrasi turut melatarbelakangi produk hukum mengenai HAM. Pada era demokrasi, produk hukum yang dihasilkan pun didominasi oleh akomodasi terhadap HAM generasi pertama yakni hak sipil dan hak politik yang dipandang sebagai suplemen utama bagi penyelenggaraan negara demokrasi. Meskipun demikian, adanya pembagian generasi HAM bukan berarti membedakan perlakuan pemenuhan dan perlindungannya karena masing-masing saling berkaitan dan dibutuhkan.The guarantee of human rights protection has become an important element in a democratic and contitutional law state. Indonesia as a law state, has put human rights protection guarantees enshrined in its constitution, UUD 1945. However, the inclusion of human rights guarantees in the constitution is not enough, but must be followed by the Act in force as a law politics of human rights protection in Indonesia. Accomodation of human rights protection will be determined by the political vision of the ruler. Accommodation of law politics in Indonesia for the conception of human rights based on the generation have been developing since the reformation era. Act of human rights became more widely produced than before the reformation era. Political configuration at the 1998’s reformation and the transition from an authoritarian regime to democracy era is background of human rights protection development. In the era of democracy, law product is dominated by the accommodation on the first generation of human rights like civil rights and political rights. They are seen as a major supplement for the holding of democratic countries. Nevertheless, the distribution of generation of human rights does not mean differentiating treatment compliance and protection because they each are related and necessary.


2021 ◽  
pp. 157-170
Author(s):  
Carew Boulding ◽  
Claudio A. Holzner

Political participation is frequently taken as an indicator of how well a democracy is working. Chapter 7 considers the relationship in reverse: what impact does quality of democracy have on the ability of poor people to participate in politics? It argues that declines in the quality of democracy have a disproportionately negative effect on the capacity of poor citizens to participate in the political process. The erosion of political rights, attacks on associations, and the erosion of political competition create barriers to participation that are more difficult for low-resource actors to overcome. As a result, where democracy is in trouble, poor people often opt out of politics at higher rates than everyone else.


1973 ◽  
Vol 67 (5) ◽  
pp. 82-86
Author(s):  
Bert Lockwood ◽  
Beatrice Brickell

I would like to address myself to international outlaws and what domestic procedures are available to arrest their activities. While at first glance the nexus between domestic justice and international justice may seem tenuous, I wonder: Is it surprising that the same administration that is so insensate over the deprivation of the human rights of blacks in Southern Rhodesia is the same administration that proclaimed early in its tenure that if you have seen one slum you have pretty much seen them all, and hasn’t visited another since? Is it surprising that the same administration that evidences so little concern over the political rights of the majority in Rhodesia is the same administration that “bugs” and sabotages the political process within the United States?


2021 ◽  
pp. 128-148
Author(s):  
Ariadna Ripoll Servent ◽  
Olivier Costa

The European Parliament (EP) symbolizes many of the struggles that characterize the process of European integration and is at the core of many theoretical and empirical debates about representation, accountability, and legitimacy. This chapter draws on a variety of theoretical approaches to explain the complex role the EP plays in the political system of the European Union (EU). It starts with a brief overview of the history and functions of the assembly, followed by a theoretical explanation of its empowerment over time. Then, it determines the extent to which the EP is capable of influencing policymaking, both in legislative and non-legislative domains, as well as for the appointment of the Commission. It presents the political structure of the assembly and underlines the role of parliamentary groups and committees. It discusses the representativeness of the EP and the democratic quality of its internal functioning. Finally, it addresses current and future challenges for the EP.


Author(s):  
Joseph R. Fitzgerald

The conclusion highlights Gloria Richardson’s increasing public recognition for her human rights activism in Cambridge, Maryland, during the 1960s and her place in civil rights and Black Power histories. Also discussed are her views on some current social issues, including the Cambridge city government’s privatization of the public housing units she and other activists fought to get built. Richardson sees this as an example of government’s abrogation of its responsibility to serve and protect residents and politicians’ use of their power to undermine communities’ quality of life. She also shares her concerns about President Donald J. Trump. Although he presents himself as an authoritarian politician, his supporters either cannot or will not acknowledge this because they believe in the myth of American exceptionalism. Richardson argues that today’s activists must use creative tactics—including the strategic use of the vote—to resist the countless ways governments at all levels try to limit and restrict people’s freedoms and liberties.


Author(s):  
David Harris ◽  
Michael O’Boyle ◽  
Ed Bates ◽  
Carla Buckley

This chapter discusses Articles 16–18 of the European Convention on Human Rights. Article 16 allows potentially wide-ranging interference with the political rights of aliens. Article 17 aims to prevent totalitarian or extremist groups from justifying their activities by referring to the Convention. Article 18 concerns misuse of powers or breaches of the principle of good faith, and must be applied in conjunction with another Convention’s Article(s).


Author(s):  
Mona Lena Krook

Chapter 19 considers the political and social consequences of violence against women in politics. The implications of these acts reach far beyond their effects on individual victims, harming political institutions as well as society at large. First, attempting to exclude women as women from participating in political life undermines democracy, negating political rights and disturbing the political process. Second, tolerating mistreatment due to a person’s ascriptive characteristics infringes on their human rights, damaging their personal integrity as well as the perceived social value of their group. Third, normalizing women’s exclusion from political participation relegates women to second class citizenship, threatening principles of gender equality. The chapter concludes that naming the problem of violence against women in politics thus has important repercussions along multiple dimensions, making the defense of women’s rights integral to the protection of political and human rights for all.


2019 ◽  
pp. 073889421985591 ◽  
Author(s):  
Felix S Bethke ◽  
Jonathan Pinckney

Previous research has shown that successful non-violent resistance (NVR) campaigns promote democracy compared with violent revolutions and top-down liberalization. However, research to date has not examined the character and quality of the democratic regimes following NVR campaigns, or evaluated the mechanisms that produce this effect. In this paper, we address this gap by analyzing the effect of NVR on the quality of democracy, using the Polyarchy index from the Varieties of Democracies project and its sub-components: (1) elected executive; (2) free and fair elections; (3) freedom of expression; (4) associational autonomy; and (5) inclusive citizenship. Using kernel matching and differences-in-differences estimation we find that initiating a democratic transition through NVR improves democratic quality after transition significantly and substantially relative to cases without this characteristic. Our analysis of the Polyarchy index’s sub-components reveals that this positive effect comes about primarily owing to improvements in freedom of expression and associational autonomy. This finding speaks to the strength of NVR in promoting expressive dimensions of democracy.


Author(s):  
Yosefina Daku

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention


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