scholarly journals Theoretical reflection on the impact of globalization processes on civil rights

2015 ◽  
Vol 16 (SE) ◽  
pp. 309-326
Author(s):  
Ehsan Madmalil ◽  
Fereydoun Akbarzadeh
Keyword(s):  
Political Philosophy ◽  
Civil Rights ◽  
Western Europe ◽  
Modern Human ◽  
Modern Theory ◽  
Political Rights ◽  
Theoretical Terms ◽  
Contemporary World ◽  
The Right ◽  
The Impact

The concept of citizenship is one of the old key concepts in political philosophy that has been reproduced in various forms since the formation of classical political philosophy up to modern times within the theory set forth in this type of theoretical philosophy. So, pre-modern theory, modern theory and postmodern theory can be noted. The concept of citizenship is an idea which governs the right of modern human and was emerged in the Western Europe and is a product of modern politics. Accepting Legal and political rights and duties is raised by citizenship status, its main foundation and the basic idea of the concept. In the contemporary world, citizenship has been interested more than other societies. The question that comes to mind here is that how is the situation of civil rights in the era of theoretical terms in globalization? In response to the question hypothesis is that with globalization, citizenship in its modern form that was enclosed in the geography of the national government has lost its sense and civil rights embodied in the discourses that are outside the reach of state law. This study aimed to investigate the impact of globalization on the civil right and conceptual evolution theoretically, as contemporary theorists have theorized it. Research findings indicate the "global citizenship" as a concept is emerging in the era of globalization as the result of rethinking of citizenship in the modern age. The methodology of study is analysis - descriptive, this means that the concept of civil right is described and then the theoretical changes in the era of globalization will be analyzed.

Socio-Economic Rights and Their Implementation: The Impact of Domestic and International Instruments

2004 ◽  
Vol 32 (2) ◽  
pp. 243-259 ◽  
Author(s):  
Gerhard Erasmus
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
Economic Rights ◽  
Personal Liberty ◽  
Legal Remedy ◽  
Basic Quality ◽  
Civil And Political Rights ◽  
The Right ◽  
International Instruments ◽  
The Impact

Socio-economic rights are those human rights that aim to secure for all members of a particular society a basic quality of life in terms of food, water, shelter, education, health care and housing. They differ from traditional civil and political rights such as the right to equality, personal liberty, property, free speech and association. These “traditional human rights” are now found in most democratic constitutions and are, as a rule, enshrined in a Bill of Rights; which is that part of the Constitution that is normally enforced through mechanisms such as judicial review. The victims of the violation of such rights have a legal remedy. Individual freedom is a primary value underpinning civil and political rights.

Social and Economic Factors and Negro Voter Registration in the South

1963 ◽  
Vol 57 (1) ◽  
pp. 24-44 ◽  
Author(s):  
Donald R. Matthews ◽  
James W. Prothro
Keyword(s):  
Civil Rights ◽  
Direct Action ◽  
Effective Means ◽  
Attorney General ◽  
Voter Registration ◽  
Political Rights ◽  
The South ◽  
Student Nonviolent Coordinating Committee ◽  
Congress Of Racial Equality ◽  
The Right

The vote is widely considered the southern Negro's most important weapon in his struggle for full citizenship and social and economic equality. It is argued that “political rights pave the way to all others.” Once Negroes in the South vote in substantial numbers, white politicians will prove responsive to the desires of the Negro community. Also, federal action on voting will be met with less resistance from the white South—and southerners in Congress—than action involving schools, jobs, or housing.Such, at least, seems to have been the reasoning behind the Civil Rights Acts of 1957 and 1960, both of which deal primarily with the right to vote. Attorney General Robert F. Kennedy and his predecessor, Herbert Brownell, are both reported to believe that the vote provides the southern Negro with his most effective means of advancing toward equality, and recent actions of the Justice Department seem to reflect this view. Many Negro leaders share this belief in the over-riding importance of the vote. Hundreds of Negro registration drives have been held in southern cities and counties since 1957. Martin Luther King, usually considered an advocate of non-violent direct action, recently remarked that the most significant step Negroes can take is in the “direction of the voting booths.” The National Association for the Advancement of Colored People, historically identified with courtroom attacks on segregation, is now enthusiastically committed to a “battle of the ballots.” In March, 1962, the Southern Regional Council announced receipt of foundation grants of $325,000 to initiate a major program to increase Negro voter registration in the South. The Congress of Racial Equality, the NAACP, the National Urban League, the Southern Christian Leadership Conference, and the Student Nonviolent Coordinating Committee are among the organizations now participating in the actual registration drives.

scholarly journals THE NOTION OF THE CLAIM: PROBLEMS OF DEFINITION

Lex Russica ◽  
2020 ◽  
pp. 28-40
Author(s):  
V. N. Ivakin
Keyword(s):  
Civil Rights ◽  
Public Law ◽  
Administrative Procedure ◽  
Legitimate Interest ◽  
The Russian Federation ◽  
The Common ◽  
Definition Of ◽  
The Right ◽  
The Impact ◽  
Latin Term

The main form of protection of civil rights (in the broad sense) is the form of action bringing, the impact of which has increased significantly as a result of the transition to a market economy. This form has gained even wider application with the adoption of the Code of Administrative Procedure of the Russian Federation of March 8, 2015, that has introduced the institution of an administrative action in relation to cases arising from administrative and other relations regulated in the context of public law. However, the question concerning the concept of the action, regarding which in the legal science several concepts are being applied, remains unclear and the paper examines different concepts dealing with the notion of the action. In particular, according to the author, the term “action” does not mean a legal act. This view is based on the common identification of the Russian term “isk” with the Latin term actio that literally meaning “action.” The article also subjects to extensive criticism an outdated doctrine about the action in procedural and substantive senses. Attention is also drawn to the shortcomings of the doctrine that treats the action as the unity of the two parties — procedural (the applicant’s claim to the court) and substantive (the applicant’s claim to the defendant). The author has examined the inconsistency of the doctrine of the lawsuit developed by G. L. Osokina treating the action as the claim to protect a right and at the same time to admit the existence of the right to bring an action in a procedural and substantive sense. Also, the article analyzes the shortcomings of the definitions of the action given by V. V. Yarkov and O. V. Isaenkova. In conclusion, the author substantiates and gives his own definition of the concept of the action as the request addressed to court by the person concerned, submitted and considered in a certain procedural order in order to protect the violated right. The concept under consideration is also defined as the right that requires confirmation, freedom or legitimate interest and the direct exercise of the right or the satisfaction of a legitimate interest for which another person is held liable.

scholarly journals Reconciling civil liberties and public health in the response to COVID-19

FACETS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 887-898
Author(s):  
Colleen M. Flood ◽  
Vanessa MacDonnell ◽  
Bryan Thomas ◽  
Kumanan Wilson
Keyword(s):  
Public Health ◽  
Civil Rights ◽  
Precautionary Principle ◽  
Civil Liberties ◽  
Burden Of Proof ◽  
Political Rights ◽  
The Precautionary Principle ◽  
Response Strategies ◽  
The Right ◽  
Health Discourse

The COVID-19 pandemic has highlighted the challenges governments face in balancing civil liberties against the exigencies of public health amid the chaos of a public health emergency. Current and emerging pandemic response strategies may engage diverse rights grounded in civil liberties, including mobility rights, freedom of assembly, freedom of religion, and the right to liberty and security of the person. As traditionally conceived, the discourses of civil rights and public health rest on opposite assumptions about the burden of proof. In the discourse of civil and political rights of the sort guaranteed under the Canadian Charter of Rights and Freedoms, the onus rests on government to show that any limitation on rights is justified. By contrast, public health discourse centers on the precautionary principle, which holds that intrusive measures may be taken—lockdowns, for example—even in the absence of complete evidence of the benefits of the intervention or of the nature of the risk. In this article, we argue that the two principles are not so oppositional in practice. In testing for proportionality, courts recognize the need to defer to governments on complex policy matters, especially where the interests of vulnerable populations are at stake. For their part, public health experts have incorporated ideas of proportionality in their evolving understanding of the precautionary principle. Synthesizing these perspectives, we emphasize the importance of policy agility in the COVID-19 response, ensuring that measures taken are continually supported by the best evidence and continually recalibrated to avoid unnecessary interference with civil liberties.

Political rights

2021 ◽  
pp. 263-270
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Public Service ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Equal Access ◽  
Political Rights ◽  
The Public ◽  
The Right ◽  
As If

Political rights are often grouped with civil rights as if both adjectives apply to certain categories, and some fundamental rights, such as freedom of expression, can be described as belonging to both categories. But the concept of political rights has an autonomous meaning. It applies specifically to the democratic vision of human rights, encompassing the right to participate in government, the right to vote and the right to participate in government. Elections must be both genuinie and periodic, based upon universal and equal suffrage and by secret vote or an equivalent free voting procedure. Equal access to the public service is also comprised within political rights.

scholarly journals The Cultural Revolution and Its Legacies in International Perspective

2016 ◽  
Vol 227 ◽  
pp. 632-652 ◽  
Author(s):  
Julia Lovell
Keyword(s):  
United States ◽  
Civil Rights ◽  
Cultural Revolution ◽  
Western Europe ◽  
The United States ◽  
International Perspective ◽  
Party Building ◽  
1960S And 1970S ◽  
The Right ◽  
The Cultural Revolution

AbstractThis article explores the rhetoric and reality of the Cultural Revolution as an international phenomenon, examining (through published and oral histories) the ways in which it was perceived and interpreted beyond China. It focuses in particular on the diverse impact of Maoist ideas and practice on the counterculture movement of Western Europe and North America during the late 1960s and 1970s. Within Europe, Cultural Revolution Maoism galvanized Dadaist student protest, nurtured feminist and gay rights activism, and legitimized urban guerrilla terrorism. In the United States, meanwhile, it bolstered a broad programme of anti-racist civil rights campaigns and narrow Marxist-Leninist party-building. Despite Mao's hopes to launch a global permanent revolution, it appears that, over the long term, enthusiasm for the Cultural Revolution in Western Europe, the United States and parts of South-East Asia helped to splinter the radical left and assisted the right in consolidating its power throughout the 1980s and beyond.

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.

Part III: Prospects for and Barriers to Implementation: Case Studies: The UN Convention and the European Instruments for the Protection of the Migrants

1991 ◽  
Vol 25 (4) ◽  
pp. 818-830
Author(s):  
Giovanni Kojanec
Keyword(s):  
Migrant Workers ◽  
Western Europe ◽  
Community Context ◽  
Equal Treatment ◽  
European Convention ◽  
Political Rights ◽  
Member States ◽  
Barriers To Implementation ◽  
Europe Today ◽  
The Right

Two different situations concerning migration are present in Western Europe today: the EEC system and the framework of rules established independently of that system by specific treaties. The EEC regulations are based on the principle of freedom of movement, stay and work for nationals of a member state in the territory of all other member states, equality of treatment with nationals of the host country being strictly applicable. Outside the Community context, a number of multilateral treaties between member states of the Council of Europe, whose rules have been developed mainly on the basis of principles established by ILO Conventions, are in force, all inspired by the following guiding principles: safeguarding the right of each state to decide on the admission of foreign immigrants; affirming the guarantee of equal treatment to immigrants legally admitted and limiting the application of said rules to nationals of the contracting parties. Basic civil and political rights are protected, independently of nationality, with regard to every person within the jurisdiction of states parties to the European Convention on Human Rights. Consequently, the UN Convention is essentially relevant for those migrant workers present in Europe who are nationals of those states not members of the EEC or not parties to those European conventions. Particularly important are the provisions concerning irregular migrations.

Change and Continuity in the Concept of Civil Rights: Thurgood Marshall and Affirmative Action

1991 ◽  
Vol 8 (2) ◽  
pp. 150-171 ◽  
Author(s):  
Mark Tushnet
Keyword(s):  
Civil Rights ◽  
Fourteenth Amendment ◽  
Equal Treatment ◽  
Social Rights ◽  
Clear Understanding ◽  
Political Rights ◽  
Political Actors ◽  
Domains Of Life ◽  
The Right ◽  
Historical Accounts

In analyzing the development of the concept of civil rights since the adoption of the Fourteenth Amendment, two historical accounts seem available. According to the first account, the concept initially encompassed a relatively limited set of rights, associated with the ability of all citizens to engage in the productive activities of the economy and avail themselves of the protection of the legal system. Then the concept gradually expanded to include what had initially been thought of as political rights, such as the right to vote, and then to identify the entire set of rights to equal treatment in all domains of life outside a relatively narrowly-defined private sphere. According to the second account, the concept of civil rights was fuzzy from the outset; although political actors spoke as if they had a clear understanding of distinctions among civil, political, and social rights, close examination of their language shows that the distinctions tended to collapse under slight pressure.

scholarly journals Additional Punishment for Revocation of Political Rights to Corruption Prisoners in The Purpose of Punishment In Indonesia

2020 ◽  
Vol 5 (1) ◽  
pp. 21-38
Author(s):  
Sutrisno Sutrisno ◽  
Dwi Haryadi ◽  
Jean Darc Noviayanti Manik
Keyword(s):  
Human Rights ◽  
Voting Rights ◽  
Comparative Approach ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Status ◽  
Severe Punishment ◽  
A Charge ◽  
The Right ◽  
The Impact

The application of additional punishment of the revocation of political rights in the form of voting and/or voting rights elected in the elections to the corruption convicts was as an attempt to eradicate the extraordinary Corruption of crime and part of severe punishment and a charge of corruption convicts. The purpose of this research, namely: first, to know and analyze the implementation requirements of additional punishment of revocation of political rights to corruption prisoners in the perspective of human rights; Second, to know and analyze the position of additional penalty for the revocation of political rights in the purpose of punishment in Indonesia. The type of research used is normative juridical research with a legal approach, conceptual approach, a case approach approach, and a comparative approach. The results of the study proved that: first, political rights can be classified in the right to freedom of thought and a conscience that is unable to be reduced under any circumstance and attached to the status of citizens. The application of the additional penalty was the act of degrading and dignity of corruption prisoners as citizens because of the impact on the elimination of Rights and the disclosure of political rights of corruption prisoners until its application does not meet the requirements of the restriction on human rights in the perspective of the relative-particulate matter; Secondly, the theory of the goal of punishment in accordance with Indonesian philosophy is correctional which is also a rationality of the implementation of prison sentence as does Law No. 12 of 1995 about Correctional. The position of additional penalty for revocation of political rights is as an instrument of conforming or contrary to the purpose of punishment in Indonesia, namely correctional throughout its application to open an opportunity for the elimination of rights and not accompanied by an attempt to recover the rights that have been revoked

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