Out-of-Country Voting: Learning from Practice

2021 ◽  
Author(s):  
Adhy Aman ◽  
Mette Bakken
Keyword(s):  
Country Of Origin ◽  
Voting Rights ◽  
The State ◽  
Political Rights ◽  
The Core ◽  
Key Issues ◽  
The Right ◽  
Democratic Elections ◽  
Made In

The right to cast a vote in democratic elections stands at the core of people’s political rights. However, for citizens residing abroad the issue is less straightforward. Should people that have made a choice to live in another country still have voting rights in their country of origin? If so, should the state be responsible for facilitating their vote from abroad—or should citizens simply have the option of returning to exercise their right? Countries embarking on introducing out-of-country voting (OCV) may benefit from the experiences made in countries where voting from abroad is available. This report presents practical examples from different countries and highlights key issues to be considered before introducing out-of-country voting measures.

Summary judgment — Quo vadis?

2021 ◽  
Vol 138 (1) ◽  
pp. 88-114
Author(s):  
Thino Bekker
Keyword(s):  
South African ◽  
Historical Development ◽  
Access To Justice ◽  
High Court ◽  
The Core ◽  
Golden Opportunity ◽  
Quo Vadis ◽  
The Right ◽  
Summary Judgment ◽  
Made In

The summary judgment procedure in South African law provides for a speedy judgment in favour of a deserving plaintiff where it can be shown that the defendant does not have a triable defence. In 2019 the Rules Board made certain drastic amendments to the procedure of summary judgment in the high court. In this article the historical development of the procedure of summary judgment will be discussed, and the new amendments to rule 32 of the Uniform Rules of Court critically evaluated. It will be argued that the amendments to rule 32 were unnecessary and that it may diminish the right to access to justice in civil disputes. It will, however, also be argued that there are some merits in the critique raised by the Rules Board in relation to rule 32 and that the Rules Board missed a golden opportunity to overhaul the entire summary judgment procedure in a more sensible manner and in line with the core constitutional values of s 34 of the Constitution. It will be argued that rule 32 should be replaced in its entirety by a new, more streamlined procedure, and some recommendations for legal reform will be made in this regard.

Tight or Loose Control

2020 ◽  
pp. 98-102
Author(s):  
Alasdair Roberts
Keyword(s):  
Central Government ◽  
The State ◽  
Political Leaders ◽  
Command Economy ◽  
Free Markets ◽  
The Everyday ◽  
Economic Sphere ◽  
Governance Strategies ◽  
The Right ◽  
Made In

This chapter examines the second dilemma in the design of governance strategies, which relates to strictness of control. Leaders must choose whether to monitor and regulate behavior loosely or intensively. This is certainly true with regard to control of the everyday conduct of citizens through surveillance and policing. A similar choice must be made in the economic sphere, between a command economy and free markets. And the dilemma arises again within the apparatus of the state itself. For example, central government must decide whether to exercise more or less supervision over lower levels of government. Moreover, within each level of government, political leaders must decide whether to give more or less autonomy to bureaucrats charged with implementing their policies. In all of these contexts, similar calculations about the right measure of control must be made.

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

Refugees: The politically oppressed

2020 ◽  
pp. 019145372093192
Author(s):  
Felix Bender
Keyword(s):  
Human Rights ◽  
Specific Situation ◽  
Political Rights ◽  
Classical Approach ◽  
Refugee Status ◽  
The Core ◽  
Political Status ◽  
Normative Foundation ◽  
The Right ◽  
What Matters

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically distinct approaches grounding the right to refugee status and argues that all three are normatively inadequate. Refugee status should neither be grounded in individual persecution for specific reasons (classical approach) nor in individual persecution for any discriminatory reasons (human rights approach). It should also not be based solely on harm (humanitarian approach). Rather, this article argues, it should be based on political oppression – on persons lacking public autonomy, formally expressed as a lack of legal–political status. The normative foundation for a claim to refugee status lies in the inability of a person to control, amend and seek recourse to the specific situation she faces. It lies in the lack of public autonomy expressed as a lack of legal–political rights. What matters for a claim to refugee status is thus the legal–political disenfranchisement of a person, ultimately leaving her with no recourse to the particular situation she faces other than flight. Refugees, then, are not only those who fear harm or persecution, but those who are politically oppressed.

Biocorrosion research: Are we barking up the right trees?

2020 ◽  
Author(s):  
Hans-Curt Flemming ◽  
Brenda Little ◽  
Dan Blackwood ◽  
Jamie Hinks ◽  
Federico Lauro ◽  
...  
Keyword(s):  
Corrosion Rate ◽  
Laboratory Experiments ◽  
Review Paper ◽  
The State ◽  
Microbially Influenced Corrosion ◽  
Corrosion Science ◽  
The Right ◽  
State Of Art ◽  
Made In

<p>Microbially influenced corrosion (MIC), is acknowledged to be the direct cause of catastrophic corrosion failures, with damages ranging to many billions of US$. In spite of extensive research and numerous publications, fundamental questions still remain unanswered. In 1993, J.F.D. Stott published a review paper in Corrosion Science, entitled “What progress in the understanding of microbially influenced corrosion has been made in the last 25 years?“ He concluded, “The most commonly asked question about MIC is: what will be the expected corrosion rate of material x in an environment where aggressive microorganisms proliferate?... For many materials we can no more answer this question now than we could 25 years ago.” Now, over 50 years later, that question is still open. Current MIC research does not provide data related to detection and verification in the field, diagnosing, modelling or prediction. Laboratory experiments seldom attempt to recreate relevant natural or industrial electrolytes. A sober, solution-oriented contemplation of the state-of-art and acknowledgement of the substantial deficiencies in our understanding may help shift MIC research into a direction which could actually produce useful answers.</p>

scholarly journals From Francis Coralie Mullin to Swaraj Abhiyan: Adding Multidimensionality to the Conditional Social Right to Food

2017 ◽  
Vol 6 (1) ◽  
pp. 21-40
Author(s):  
Saurabh Bhattacharjee
Keyword(s):  
Indian Subcontinent ◽  
Right To Food ◽  
The Core ◽  
Explicit Mention ◽  
State Obligations ◽  
History Of ◽  
Constitutional Right ◽  
The Right ◽  
The Impact ◽  
Made In

Global hunger is widely seen as one of the foremost threats to humanity. The Constitutionality of the Right to Food has been a long-standing debate within the Indian Subcontinent as there is no explicit mention of the said right. Through various judicial pronouncements over a relatively long period of time, the right to food has been construed to be constitutionally ingrained. This paper explores the history of the right to food as a fundamental right in India, as per the Constitution. It analyses landmark cases on the right to food and examines the fundamental right to food, in terms of state obligations. Is the impact of the entrenchment of the right to food as a fundamental right, limited only to its symbolic meaning? Or has such right substantively shaped the contours of governmental policies too? What are the remedial interventions that the judiciary has made in view of the constitutional right to food? These are questions that the paper will explore. In this process, the paper will parse various judicial orders on the right to food and identify whether there are justiciable entitlements that presumptively constitute the core of the right. Further, the paper shall also highlight the multidimensionality of the right to food and illustrate that starting with Francis Mullin in the 1980s, to Laxmi Mandal and Swaraj Abhiyan in this decade. The courts have, through the above mentioned judgments, underscored the interrelatedness between the rights to food, health, shelter and right to work.

scholarly journals RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION

2020 ◽  
pp. 18-24
Author(s):  
O. Kosilova
Keyword(s):  
Human Rights ◽  
Well Being ◽  
The State ◽  
General Nature ◽  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Process Implementation ◽  
Basic Law ◽  
The Right

The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.

Improving Evaluation of Boilerplate

Boilerplate ◽  
2012 ◽  
Author(s):  
Margaret Jane Radin
Keyword(s):  
Human Rights ◽  
Analytical Framework ◽  
The State ◽  
Political Rights ◽  
Rights And Interests ◽  
The Right ◽  
Default Rules

This chapter proposes an analytical framework for improving the evaluation of boilerplate. It begins with a discussion of questions for evaluating boilerplate rights deletion schemes; for example, whether all of the rights granted and/or maintained by the state are appropriately considered default rules. It then describes three elements of analysis that can help illuminate how boilerplate waivers should be evaluated: the nature of the right in question and whether that right is alienable; the quality of consent by a recipient; and the extent of social dissemination of the rights deletion. It also examines the effect of nonconsent or market-inalienability on any purported contract, as well as the kinds of rights that are or should be subject to market-inalienability or partial market-inalienability in the presence of problematic consent. Finally, it explores political rights and interests, along with basic human rights and interests.

scholarly journals Derechos sociales de prestación y obligaciones positivas del Estado en la jurisprudencia del Tribunal Europeo de Derechos Humanos // Social Rights of assistance and positive obligations of the State in the case-law of the European Court of Human Rights

2017 ◽  
Vol 1 (100) ◽  
pp. 1209 ◽  
Author(s):  
Encarna Carmona Cuenca
Keyword(s):  
Case Law ◽  
The State ◽  
Social Benefits ◽  
Social Rights ◽  
Political Rights ◽  
Derechos Humanos ◽  
European Court ◽  
The Social ◽  
Civil And Political Rights ◽  
The Right

Resumen:El Convenio Europeo de Derechos Humanos no reconoce expresamente los derechos sociales de prestación (a excepción del derecho a la educación). A pesar de ello, el Tribunal de Estrasburgo ha realizado una interpretación extensiva de los derechos civiles y políticos reconocidos para incluir, de diversas formas, la protección de aquellos derechos. Una de las técnicas utilizadas ha sido la doctrina de las obligaciones positivas del Estado. Aunque el Tribunal ha aplicado esta doctrina, fundamentalmente, a los derechos civiles y políticos, podemos encontrar algunas resoluciones en las que establece determinadas obligaciones positivas estatales para proteger derechos como la protección de la salud, la vivienda, la protección social o la protección de las personas con discapacidad. En general, se trata de reconocimientos generales y poco concretos pero, en algunos casos, ha detallado cuáles son estas obligaciones. Esto lo ha hecho, en primer lugar, en casos en que se habían producido daños cuya responsabilidad era directa o indirectamente del Estado. En segundo lugar, cuando se trataba de personas que se encontraban bajo la tutela del Estado, como las personas detenidas o internas en prisiones. Y, en tercer lugar, cuando los afectados eran personas especialmente vulnerables (discapacitados o pertenecientes a la minoría gitana). Aunque se trata de una interpretación incipiente y poco desarrollada, muestra un camino en el que se debería profundizar en el futuro. Es generalmente admitido que son los Estados quienes deben tener la iniciativa en el diseño y establecimiento de los derechos sociales de prestación pero, en caso de conductas y omisiones estatales manifiestamente contrarias a los estándares internacionales, el Tribunal Europeo debería obligar a los Estados mediante sus sentencias a dictar una legislación o establecer políticas que hagan efectivos estos derechos.El artículo consta de una introducción, cuatro epígrafes de contenido y una conclusión final. En el segundo epígrafe se aborda la cuestión de la problemática justiciabilidad de los derechos sociales de prestación. En el tercero se hace referencia a la doctrina de las obligaciones positivas del Estado en la jurisprudencia del TEDH. En el cuarto se apuntan las principales técnicas que ha utilizado el TEDH para proteger los derechos sociales de prestación y, en particular, la extensión del contenido de algunos derechos civiles y políticos. En el quinto epígrafe se analiza cómo se ha utilizado la técnica de las obligacionespositivas del Estado en la protección de los derechos sociales de prestación y, en concreto, del derecho a la protección de la salud y del derecho a la vivienda.Summary:1. Introduction. 2. The social rights of assistance and its problematic justiciability. 3. The positive obligations of the state in the case lawof the ECtHR. 4. The protection techniques of the social rights of assistance in the case law of the ECtHR. 4.1. General approach. 4.2. Application of the prohibition of discrimination of article 14 ECtHR to certain social benefits. 4.3. Extension of the content of several rights recognized in the Convention. 5. In particular: the protection of social rights of assistance through the doctrine of the positive obligations of the state. 5.1. The right to health protection. 5.2. Theright to housing. 6. By way of conclusion.Abstract:The European Convention on Human Rights does not expressly recognize any social rights of assistance (except the right to education). In spite of this, the Strasbourg Court has made a broad interpretation of recognized civil and political rights to include, in different ways, the protection of those rights. One of the techniques used by the Court has been the doctrine of the State's positive obligations under the ECHR. Although the Court has essentially applied this doctrine to the civil and political rights, we can find some resolutions in which it establishes certain positive state obligations to protect rights such as protection of health, housing, social benefits or protection of people with disabilities. Generally, these are general and not very specific recognitions, but in some cases, they have detailed what these obligations are.Firstly, this has been done in cases where there was damage which was directly or indirectly the responsibility of the State. Secondly, regarding people who were under the protection of the State, such as persons detained or interned in prisons. And, thirdly, when those affected were particularly vulnerable (disabled or belonging to the Roma minority). Although it is an incipient and underdeveloped interpretation, it shows a way in which should be further deepened. It is generally accepted that it is the States that must take the initiative in designing and establishing social rights of assistance but, inthe case of state conduct and omissions that are manifestly contrary to international standards, the European Court should oblige States with their judgements to enact legislation or develop policies to give effect to these rights.The article consists of an introduction, four content epigraphs and a final conclusion. The second section deals with the question of the problematic justiciability of social rights of assistance. The third refers to the doctrine of the positive obligations of the State in the Case Law of the ECtHR. The fourth section outlines the main techniques used by the ECtHR to protect the social rights of assistance and, in particular, expanding the scope of some civil and political rights. The fifth section analyzes the use of the technique of positive obligationsof the State in the protection of social rights of assistance and, in particular, the right to protection of health and the right to housing.

scholarly journals The 2013 Elections in Zimbabwe: End of an Era for Human Rights Discourse?

2013 ◽  
Vol 48 (3) ◽  
pp. 99-110 ◽  
Author(s):  
Cornelias Ncube
Keyword(s):  
Human Rights ◽  
The State ◽  
Self Determination ◽  
Coalition Government ◽  
Political Rights ◽  
Strained State ◽  
Civil And Political Rights ◽  
Rights Discourse ◽  
The Right ◽  
Human Rights Discourse

This paper examines the implications of Zimbabwe's 2013 harmonised elections on the opposition's continued deployment of the rights-based discourse to make moral and political claims against and demands of the state. Since 2000, two polarising strands of the human rights discourse −1) the right to self-determination and 2) civil and political rights – were deployed by the state and the opposition, respectively, in order to challenge extant relations and structures of power. The acutely strained state–society relations in post-2000 Zimbabwe emanated from human rights violations by the state as it responded to challenges to its political power and legitimacy. However, the relative improvement in the human rights situation in the country since the 2009 coalition government came into office, and during and since the recently concluded peaceful 2013 elections – the flawed electoral process itself notwithstanding – suggests a need for alternative new ways to make moral and political demands of the state in the future.

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