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.

Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua

2021 ◽  
Vol 22 (2) ◽  
pp. 255-286
Author(s):  
Ignatius Yordan Nugraha
Keyword(s):  
Human Rights ◽  
Local Population ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Right To Vote ◽  
The Right ◽  
Legal Pluralist

Abstract The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.

Art.23 Respect for Home and the Family

2018 ◽  
Author(s):  
Fiala-Butora János
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Intimate Relationships ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
The Family ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 23 of the United Nations Convention on the Rights of Persons with Disabilities. The right to family life and its various components have long been recognized by international human rights law and in regional human rights instruments. Despite this long tradition of protecting the family in human rights law, persons with disabilities have long been subject to serious violations of their right to family life. The prevailing stereotype has considered persons with disabilities asexual, which has led to the denial of their sexual autonomy. The right to family life also encompasses all forms of relationships and parenthood. To be truly equal members of society, persons with disabilities must achieve equality of opportunity in these areas as well. This requires significant attitudinal change, empowerment, dismantling of barriers, and support to experience intimate relationships.

scholarly journals THE RIGHT TO VOTE FOR NON-RESIDENT CITIZENS IN EUROPE

2016 ◽  
Vol 65 (4) ◽  
pp. 859-894 ◽  
Author(s):  
Richard Lappin
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Human Right ◽  
European Court ◽  
Civil And Political Rights ◽  
Right To Vote ◽  
The Right ◽  
Political Right

AbstractThe right to vote is the most important political right in international human rights law. Framed within the broader right of political participation, it is the only right in the International Covenant on Civil and Political Rights not guaranteed as a universal human right but rather as a citizen's right. While limitations on the right to vote are permissible in respect of citizenship and age, residency-based restrictions are not explicitly provided. However, recent judgments of the European Court of Human Rights endorse a view that voting rights may be conditioned on residency on the grounds of an individual's bond to their country-of-origin and the extent to which laws passed by that government would affect them. This article questions this proposition and explores whether disenfranchisement based solely on residency constitutes an unreasonable and discriminatory restriction to the essence of the right.

Das Recht auf soziale Sicherung nach der VN Behindertenrechtskonvention und dessen Implementierung in Uganda und Ghana

2020 ◽  
Author(s):  
Lukas Groß
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
Sub Saharan Africa ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Persons With Disabilities ◽  
State Obligations ◽  
Sub Saharan ◽  
The Right ◽  
Human Rights Based Approach

‘Disability may increase the risk of poverty, and poverty may increase the risk of disability.’ Breaking this cycle is a major challenge for the international community, especially the countries of the Global South. As the most recent human rights treaty of the United Nations, the UN Convention on the Rights of Persons with Disabilities also specifies the right to social protection. This study deals with the question of to what extent a human rights-based approach characterised by need orientation and accessibility can be derived from specific state obligations. In addition, it examines the efforts to implement such an approach in Sub-Saharan Africa. In this context, the study shows that it has been possible to both develop innovative concepts that consider the realities of the lives of local people with disabilities in Uganda and Ghana and, at the same time, to ensure the implementation of international human rights law in those two countries.

Interdependency between Sovereignty, Citizenship and the Right to Vote

ICL Journal ◽  
2018 ◽  
Vol 12 (1) ◽  
pp. 19-58
Author(s):  
Markku Suksi
Keyword(s):  
Human Rights ◽  
National Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
History Of ◽  
International Human ◽  
Right To Vote ◽  
Triangular Relationship ◽  
The Right

Abstract It is fully legitimate and permissible under international human rights law to limit the right to vote to the citizens of the State. The relationship between sovereignty, citizenship and the right to vote is to some extent self-evident and undramatic. However, the triangular relationship between the three concepts is an important background factor summarizing much of what States are and do, and therefore, it is necessary to make visible the self-sustaining nature of the triangle and explicate the three corners of the triangle by means of drafting history of the human rights conventions and case law from international and national court instances as well as by means of examples from national law, in this case drawn from the Nordic space. The point here is that although the various human rights conventions formulate a right to participation through elections, the normative powers exercised in relation to sovereignty, citizenship and the right to vote are held by the national law-maker, and they are not influenced much by international human rights law.

Art.17 Protecting the Integrity of the Person

2018 ◽  
Author(s):  
Seatzu Francesco
Keyword(s):  
Ad Hoc ◽  
Disabled Persons ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Personal Integrity ◽  
Persons With Disabilities ◽  
Fundamental Freedoms ◽  
Scope Of Application ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 17 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The notion of personal integrity has attracted notable attention in international human rights law debates in recent times. It has been viewed as strategic for the realization of fundamental freedoms and rights of marginalized segments of the society, including disabled persons. The chapter considers how an ad hoc right to personal integrity has arisen from the negotiations of the CRPD, and the scope of application of the right, based on the practice of the CRPD Committee and scholarly works in the field. It examines the inter-relationship between Article 17 and other CRPD provisions to understand how the interpretation and application of this right might change in the future based on the case-law of the CRPD Committee and on academic works in this field.

The Right to Political Participation of Indigenous Peoples: A Holistic Approach

2017 ◽  
Vol 24 (4) ◽  
pp. 390-427 ◽  
Author(s):  
Alexandra Tomaselli
Keyword(s):  
Political Participation ◽  
International Law ◽  
Indigenous Peoples ◽  
Holistic Approach ◽  
International Human Rights Law ◽  
Land Grabbing ◽  
Human Rights Law ◽  
Indigenous Law ◽  
Indigenous Participation ◽  
The Right

In the current era of land grabbing and extractivism, political participation of indigenous peoples in their national and local affairs appears to be the crucial right to guarantee the exercise of their other rights. In the last decades, un bodies have increasingly stressed the need to improve indigenous participation in their domestic political arenas. How indigenous political participation may be recognised, operationalised, and exercised as a right, and be effective, however, remains to be discussed. Against this background, this article elaborates a proposal for a holistic approach to the right to political participation of indigenous peoples and demonstrates how it is rooted in international law, international human rights law, and international indigenous law.

scholarly journals Voting rights of Zimbabweans in the diaspora

2021 ◽  
Vol 20 (1) ◽  
pp. 137-158
Author(s):  
Maurice Taonezvi Vambe
Keyword(s):  
Human Rights ◽  
Voting Rights ◽  
Armed Forces ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
National Elections ◽  
General Elections ◽  
International Human ◽  
The Right

The Constitution of Zimbabwe states that citizens who have reached the age of 18 years may vote in local and national elections. However, the Electoral Act states that only Zimbabwean citizens who are on diplomatic missions, civil servants and members of the armed forces on external missions may vote from abroad. This legal requirement effectively disenfranchises millions of Zimbabwean citizens who live and work in other countries. Why the current Zimbabwean authorities do not allow or enable their citizens to vote from abroad in Zimbabwe’s national elections is contentious, especially ahead of the 2023 general elections. This article uses the desktop approach to argue that the right to vote in one’s country of origin by citizens working and living abroad is a barometer of a nation’s deepening democratic practices, of which elections are a lynchpin. This study hopes to contribute to international human rights law. A study of voting from abroad contributes to discussions regarding the evolving and multifaceted relationship between sending states and their diaspora communities.

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.

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