A Gender Perspective on Electoral Processes in Malawi: The Right of Malawian Women to Participate in the Political Process under the Maputo Protocol

2020 ◽  
Vol 35 (1) ◽  
Author(s):  
Annika Rudman ◽  
Theodora Mkali
Keyword(s):  
Equal Opportunity ◽  
Political Process ◽  
Political Life ◽  
The Political ◽  
Political Rights ◽  
Gender Perspective ◽  
Playing Field ◽  
Legal Obligations ◽  
African Charter ◽  
The Right

Against the background of recent political developments in Malawi, this article provides a gender perspective on Malawian women’s participation in political life. It focuses on the position of women as candidates for political office and explores what determines women’s positioning, the hurdles that exist in their path when entering the political domain and, correspondingly, the obligations that the state has to level the playing field to overcome such hurdles. As a point of departure, it is proposed that Malawi, which since the coming into force of the 1994 Constitution is democratically organised, cannot be deemed fully democratic and legitimate if women and men do not have an equal opportunity to serve their communities through parliamentary representation. Malawi has ratified the African Charter, the Maputo Protocol and the African Charter on Democracy, Elections and Governance. Therefore, it is bound by a multitude of international provisions which promote and protect democracy and women’s rights to political participation. The objective of this article is to analyse how effective the Malawian government has been in implementing women’s political rights as guaranteed under regional human rights law. Using the method of positionality to unveil discrimination and disadvantage, the authors’ arguments presented in this article depart from the idea that internal change can be grounded on legal interventions which implement the legal obligations set out in the African Charter, the  Maputo Protocol and the African Charter on Democracy, Elections and Governance.

Political and Social Implications

2020 ◽  
pp. 247-255
Author(s):  
Mona Lena Krook
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Political Institutions ◽  
Political Process ◽  
Social Consequences ◽  
Political Life ◽  
The Political ◽  
Women In Politics ◽  
Political Rights ◽  
Multiple Dimensions

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.

THE PROBLEM OF REPRESENTATION OF TURKISH WOMEN IN POLITICS (1980S TO THE PRESENT)

2021 ◽  
Vol 6 (15) ◽  
pp. 372-387
Author(s):  
Zeynep Tuğçe ÖZTÜRK ◽  
Nurgün KOÇ
Keyword(s):  
Political Parties ◽  
Social Life ◽  
Women's Movements ◽  
Political Life ◽  
The Political ◽  
Women In Politics ◽  
Political Rights ◽  
Turkish Women ◽  
The Right ◽  
First Time

In Turkish modernization, important steps were taken under the leadership of Mustafa Kemal Atatürk so that women could reach the level of contemporary civilized peoples. For this purpose, women who have lagged behind the society in education, training and social life, especially gender equality, have been granted political rights before some European countries. Turkish women, who obtained the right to vote and be elected in 1934, were included in the political life, and they went to the polls for the first time in the elections held in 1935. For many years, the place of women in political life has decreased due to many reasons such as the fact that political parties do not allow quotas for female deputies, democracy cannot be fully ensured within political parties, sexism, politics are seen as men’s work, women’s education problem, while the women’s movements have increased in the period from the 1980s to the present. Its power has increased due to reasons such as quota implementation based on changes in electoral systems. Although the number of women in politics has not reached a sufficient level even today, as the sexist approach in society and the obstacles placed in front of women are overcome, the effectiveness and success of Turkish women in political life will increase. Although it is difficult for women to take part in the male-dominated structure in politics, it is seen that women are not willing enough and they struggle less. It is possible to say that women have made important strides in the political arena in the Turkish society led by a female prime minister, Professor Tansu Çiller.

scholarly journals The Role of Law in the Social and Political Life of the Ukrainian Cossack State (Second Half of the 17th–18th centuries)

2019 ◽  
pp. 21-32
Author(s):  
Nadiia STENGACH
Keyword(s):  
Local Governments ◽  
Political Process ◽  
Political Elite ◽  
Political Life ◽  
The Political ◽  
Left Bank ◽  
Political Aspect ◽  
Legal Norms ◽  
Court Proceedings ◽  
The Right

Among the regulatory and communicative mechanisms of power establishment in the Ukrainian Cossack state is the leading propensity for legal solution of social and political issues — both in the environment of the elite and between the elite and subordinate strata. In the context of court proceedings, it is necessary to highlight the tendency to ensure adversarial process between the plaintiff and the defendant, to create the respondent’s conditions for defense, to direct the court’s work not only to punish, but also to restore justice, to judge impartially and collectively. All this meant rejection of Russian legal norms, which legitimized the «right of the strong». The focus on the impassive legal process was extrapolated to manifestations of both domestic and foreign policy. First of all, this was reflected in the rejection of political actions based on military pressure and coercion, which were recognized as illegitimate ones. In the domestic political aspect, there was the emphasized trend towards constitutional methods of regulating public life. In particular, state institutions purposefully created legal norms in those spheres of public activity where tradition was no longer able to regulate them. In the political and cultural life of the Cossacks’ elite, we also see a clearly defined tendency to regulate legally relations between the participants of the political process. The views formed within such limits denied arbitrariness as a method of solving social and legal problems. However, it should be noted that within the framework of judicial and legal practice of the time, such notions were practically not implemented. The institutional mechanisms of state decision making evolved from the General Council to the Council of General Officer Staff, and then to the representative institution of Ukrainian society — the Sejm. In the evolution of mechanisms for administrative positions, there is a clear tendency to oust the election process and replace it with kinship and clientela relations within the Cossacks’ elite. Nevertheless, the electorate tendencies in the Cossack class remained at the lowest levels of the administrative hierarchy until the decay of the Ukrainian Cossack state. This was due to the fact that the political elite of Hetmanshchyna resisted Russian attempts to interfere with the filling of state posts in Left Bank Ukraine, as well as due to the confrontation of officer groups for dominance over local governments. With the acceptance of ideas of the nobles’ republic by the General Officer Staff, we observe a new strengthening of the electorate institution. Asserting power among representatives of their own social class, the Cossacks’ elite tended to maintain a balance between encouragement and punishment. As for the subordinate classes, the propensity to use punishment and coercion was much more pronounced. There was, however, a marked tendency towards the legislative regulation of the force use. At the political and cultural level, arbitrariness had never been recognized as the lawful actions. Besides, it was not necessary for the Cossacks’ elite to resort to violence to persuade; the pressure of public opinion often was enough.

The French Contract Law Reform and the Political Process

2017 ◽  
Vol 13 (4) ◽  
Author(s):  
Bénédicte Fauvarque-Cosson
Keyword(s):  
Social Life ◽  
Political Process ◽  
Contract Law ◽  
First Century ◽  
Political Life ◽  
Law Reform ◽  
The Political ◽  
Legal Certainty ◽  
The Right ◽  
Code Civil

AbstractThis paper provides an overview of the political process which led to the adoption of one of the most important reforms of the Code civil since 1804. This major revision of the French Code civil took place by way of an ‘ordonnance’ (delegated legislation). That, in itself, was highly controversial. As regards substance, the most controversial points related to the need to strike a new balance between contractual justice and legal certainty in French contract law to make it better suited to economic and social life in the twenty-first century. The French contract law reform began at the instigation of President Chirac, was continued under Sarkozy’s presidency and was finally completed while François Hollande was the President of France. This background might suggest that, from a political standpoint, the new provisions of the Code civil successfully struck the right balance between legal certainty and contractual justice; if only political life were so simple. As will be shown in the second part of this paper, many questions remain open. The first part recounts the story behind the reform, from its origins to its completion. The second part gives some further insight into some emblematic new provisions of the Code civil.

Democratic Self-determination and Non-citizen Residents

2012 ◽  
Vol 11 (5) ◽  
pp. 649-669 ◽  
Author(s):  
Patti Tamara Lenard
Keyword(s):  
Self Determination ◽  
Political Life ◽  
The Political ◽  
Political Rights ◽  
Thin Lens ◽  
Liberal Democracies ◽  
Rich Sense ◽  
The Right ◽  
Normative Status

Abstract In liberal democracies, citizens are entitled to a substantive package of rights, including the right to participate in politics. Without this right, citizens cannot be self-determining in any rich sense. As more and more people cross borders, the number of residents without citizenship is rising, as is the number of people who have little say in the political life of the communities in which they reside. I assess the normative status of long-term, non-citizen residents and conclude that, without the right to vote, and without the right to run for office, long-term, non-citizen residents are denied political self-determination. Using the “thick-thin” lens that unites the contributions to this issue, I propose granting non-citizen residents more expansive political rights.

scholarly journals Demokrasi Bukan Untuk PKI: Pengeklusian Hak-Hak Politik Kaum Komunis Pasca Reformasi di Indonesia

ijd-demos ◽  
2020 ◽  
Vol 1 (3) ◽  
Author(s):  
Muhammad Zuhdan
Keyword(s):  
Minority Group ◽  
General Election ◽  
Political Prisoners ◽  
Political Life ◽  
The Political ◽  
Political Rights ◽  
Governance System ◽  
Community Groups ◽  
Democratic Life ◽  
The Right

This study wants to review the exclusion of the political rights of communist-leaning community groups to exercise their political rights in Indonesia. Political rights agreed here start from the agreed right, the right to organize, until the right to hold an election to take part in the general election. The author's thesis says that the 15 years of Reformation failed in Indonesia because there was still the exclusion of the political rights of people accused of being PKI henchmen in democratic life in Indonesia. The purpose of this paper in academia is to erase the participation of the inclusion and exclusion discourse of ex-PKI political prisoners joining the political and governance system in Indonesia. Another aim was to advocate for the exclusion of the political rights of groups or people accused of being PKI henchmen. The focus of this paper is to analyze the practice and forms of exclusion of the political rights of the Pki ex-politics and to save in socio-political life in Indonesia. After reading this paper, it will discuss the democratic ironism that developed in Indonesia after the 1998 Reformation because it still opens opportunities for exclusion of the political rights of a minority group. Penelitian ini ingin mengulas pengeklusian hak-hak politik kelompok masyarakat berhaluan komunis untuk menggunakan hak politiknya di Indonesia. Hak politik yang dimaksud disini mulai dari hak menyatakan pendapat, hak berorganisasi, sampai hak mendirikan partai sampai ikut dalam pemilihan umum (Pemilu) . Tesis penulis mengatakan bahwa 15 tahun Reformasi gagal di Indonesia karena masih ada pengeklusian hak politik  orang-orang yang dituduh antek PKI dalam kehidupan berdemokrasi di Indonesia. Tujuan tulisan ini secara akademis untuk membongkar perdebatan wacana inklusi dan ekslusi eks Tapol PKI beserta keluarganya dalam sistem politik dan pemerintahan di Indonesia. Tujuan lainnya adalah untuk mengadvokasi pengeklusian hak-hak politik kelompok ataupun orang-orang yang dituduh antek PKI. Fokus tulisan ini adalah menganalis praktek dan bentuk ekslusi atas hak-hak politik eks tahanan politik Pki dan keluarganya dalam kehidupan sosial politik di Indonesia. Setelah membaca paper ini pembaca akan memahami tentang ironisme demokrasi yang berkembang di Indonesia pasca Reformasi 1998 karena masih membuka peluang ekslusi atas hak-hak politik sebuah kelompok minoritas.

Remarks by Bert Lockwood

1973 ◽  
Vol 67 (5) ◽  
pp. 82-86
Author(s):  
Bert Lockwood ◽  
Beatrice Brickell
Keyword(s):  
United States ◽  
Human Rights ◽  
Political Process ◽  
The United States ◽  
International Justice ◽  
The Political ◽  
Political Rights ◽  
Southern Rhodesia

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?

The Involvement of Malagasy Women Parliamentarians for a State of Law allowing the Development of Women

2021 ◽  
Author(s):  
RANDRINRIJAONA MAEVA
Keyword(s):  
Political Culture ◽  
Rule Of Law ◽  
Women's Rights ◽  
The Political ◽  
Women’S Rights ◽  
Political Rights ◽  
Women's Development ◽  
Equal Part ◽  
Women's Participation ◽  
The Right

The exclusion of women is at the heart of the modern political order, despite the gradual recognition of formal equality between men and women in the exercise of political rights. The evolution of the political culture has nevertheless allowed the gradual access of women to power. Yet in the case of Madagascar, gender consideration is not limited to the integration of women in power, but several challenges lie ahead for the country in terms of women's rights. Women parliamentarians through their roles can advocate for women's rights. But the question is how these women parliamentarians advocate for women’s development rights do?Women's development requires respect for their rights, and women parliamentarians, when designing and passing laws, have the opportunity to fight for women's rights, which generally boil down to the right to health, safety and work. The aim is therefore to highlight the capacity of women parliamentarians to establish a rule of law that allows women to develop. Women's participation in the proposals and discussions of laws can play an equal part in promoting women's rights and women's development.

Electoral system as a motivation to reforming political system- The Iraqi model

2021 ◽  
Author(s):  
Shamall Ahmad
Keyword(s):  
Political System ◽  
Political Process ◽  
Electoral System ◽  
Political Reform ◽  
Political Elite ◽  
Political Life ◽  
The Political ◽  
Political Systems ◽  
Electoral Laws ◽  
The Masses

The flaws and major flaws in the political systems represent one of the main motives that push the political elite towards making fundamental reforms, especially if those reforms have become necessary matters so that: Postponing them or achieving them affects the survival of the system and the political entity. Thus, repair is an internal cumulative process. It is cumulative based on the accumulated experience of the historical experience of the same political elite that decided to carry out reforms, and it is also an internal process because the decision to reform comes from the political elite that run the political process. There is no doubt that one means of political reform is to push the masses towards participation in political life. Changing the electoral system, through electoral laws issued by the legislative establishment, may be the beginning of political reform (or vice versa), taking into account the uncertainty of the political process, especially in societies that suffer from the decline of democratic values, represented by the processes of election from one cycle to another. Based on the foregoing, this paper seeks to analyze the relationship between the Electoral and political system, in particular, tracking and studying the Iraqi experience from the first parliamentary session until the issuance of the Election Law No. (9) for the year (2020).

Sign in / Sign up

Export Citation Format

Share Document