scholarly journals Ativismo judicial no caso das candidaturas independentes | Judicial activism in the case of independent candidacies

KPGT_dlutz_1 ◽  
2018 ◽  
Vol 32 (1) ◽  
pp. 120-152
Author(s):  
Ana Claudia Santano
Keyword(s):  
Political Parties ◽  
Federal Court ◽  
The Political ◽  
Judicial Activism ◽  
Political Rights ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Main Target ◽  
International Human ◽  
Federal Supreme

Ativismo judicial no caso das candidaturas independentes Resumo: Há anos já se percebe um ambiente de desânimo dos cidadãos diante da democracia. Como consequência, o “alvo” principal desse descontentamento foram os partidos políticos, devido ao seu notório protagonismo na condução dos assuntos políticos. Assim, como forma de manejo do problema, surgiu o debate sobre candidaturas independentes no Brasil. Por outro lado, no sistema brasileiro há o monopólio de candidaturas pelas agremiações partidárias, o que, por força de texto constitucional expresso, deveria obstar a adoção das avulsas. A questão chegou ao Supremo Tribunal Federal (STF), que já demonstrou que poderá proceder de maneira ativista no caso. É a respeito do ativismo judicial do STF sobre o texto da Constituição referente ao monopólio de candidaturas que este artigo versa. Aborda-se o conteúdo dos direitos políticos na trajetória brasileira, dialogando com os tratados internacionais de Direitos Humanos, para logo analisar os argumentos trazidos pelo STF para admitir o julgamento do leading case. Ao final, expõem-se algumas considerações sobre a conveniência de candidaturas independentes no sistema pátrio. Palavras-chave: Ativismo Judicial. Candidaturas Independentes. Constituição Federal de 1988. Partidos Políticos. Supremo Tribunal Federal. ______ Judicial activism in the case of independent candidacies Abstract: For years there is an atmosphere of disenchantment among citizens towards democracy. As a consequence, the main “target” of this was the political parties, due to their notorious role in the conduct of political affairs. Thus, as a way of handling the problem, the debate about independent candidacies in Brazil arose. On the other hand, in the Brazilian system there is a monopoly of candidacies by party associations, which, by virtue of an express constitutional text, should prevent the acceptance of independent candidates. The issue reached the Federal Supreme Court, which has already demonstrated that it can be activist in the case. It is about the judicial activism of STF relating to the text of the Constitution regarding the monopoly of candidacies that this article aims to analyze. The content of the political rights in the Brazilian trajectory is worked out, dialoguing with the international human rights treaties, and then it is analyzed the arguments brought by STF to admit the judgment of this leading case. In the end, some considerations are presented about the convenience of independent applications in the Brazilian system. Keywords: Brazilian Constitution of 1988. Independent candidacies. Judicial Activism. Political Parties. Supreme Federal Court.

Farsi beffe delle elettrici: la satira nel biennio 1945-1946

2009 ◽  
pp. 151-173
Author(s):  
Giulia Galeotti
Keyword(s):  
Short Stories ◽  
Political Parties ◽  
Democratic Party ◽  
The Political ◽  
Political Rights ◽  
Women And Politics ◽  
Political Satire ◽  
Universal Suffrage ◽  
Main Target ◽  
Italian Women

- The satire that in the years 1945 and 1946 commented the enfranchising of the Italian women replicated most of the themes emerged since the reunification of the country, in the year 1861: their lack of interest in politics, their political naiveté and therefore their asserted easy manipulability. The study of articles, short stories, riddles and cartoons of the time seems to confirm that the Italian society was not ready for women's entry into politics, beyond political and cultural differences. The author underlines however the surprising absence of a theme which had played a big role in the debate of the pre-Fascist years: the old concern that women's new political rights would have broken up the traditional balance inside family life. The author suggests that the main target of the time (in a kind of political maturation) were not women voters as such, but other subjects, along the same line followed by Aristophanes: when he presented Athens governed by women, his target were not female malice and luxury, but instead men's incapacity to govern a city in decline. The same happened at beginning of the foundation of the Italian Republic: the political satire invested the two main political parties that strongly supported the universal suffrage and were expected to gain most from it, the Christian Democratic Party and the Communist Party. Key words: political satire, women enfranchising, Bonomi Act January 1945, Italian elections 2 June 1946, the crises of politics, women and politics.

scholarly journals International Human Rights Law and the Response to the covid-19 Pandemic

2020 ◽  
Vol 11 (2) ◽  
pp. 249-269
Author(s):  
Sarah Joseph
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
Civil And Political Rights ◽  
Do So

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.

scholarly journals An Undemocratic Guardian of Democracy - International Human Rights Complaint Procedures

2007 ◽  
Vol 38 (2) ◽  
pp. 199
Author(s):  
Shotaro Hamamoto
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Narrow View ◽  
Human Rights Treaties ◽  
International Human ◽  
Civil And Political Rights ◽  
The Individual

This paper discusses the individual complaints procedures established pursuant to international human rights treaties such as the International Covenant on Civil and Political Rights. It discusses the bases on which these systems have been criticised as undemocratic. After considering how these democratic failings could be ameliorated through greater involvement of domestic parliaments, it questions this narrow view of democracy that looks only to parliamentary involvement, suggesting instead that apparently undemocratic individual complaints procedures can actually have a beneficial "democratising" effect.

scholarly journals Conflict over Conflict: The Right to Strike in International Law

2017 ◽  
Vol 8 (1) ◽  
Author(s):  
Diane F Frey
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Political Rights ◽  
International Labour Organisation ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

Mind the Gap: State Capacity and the Implementation of Human Rights Treaties

2015 ◽  
Vol 69 (2) ◽  
pp. 405-441 ◽  
Author(s):  
Wade M. Cole
Keyword(s):  
Human Rights ◽  
Regression Models ◽  
State Capacity ◽  
One Dimension ◽  
Political Rights ◽  
International Human Rights ◽  
Two Stage ◽  
Human Rights Treaties ◽  
International Human ◽  
Civil And Political Rights

AbstractAccording to recent studies, international human rights treaties are ineffective, counterproductive, or else beneficial for only those countries that tend to respect human rights regardless of treaty membership. Analysts often attribute gaps between human rights principles and practices to willful disobedience, self-interested defection, and ineffective enforcement. Using two-stage regression models to analyze compliance with the International Covenant on Civil and Political Rights, I examine whether countries' inability (as opposed to unwillingness) to implement treaty terms is also responsible for the gap between commitment and compliance. I find that one dimension of state capacity in particular—bureaucratic efficacy—enhances levels of compliance with civil, political, and physical integrity rights provisions. These findings lend credence to an important aspect of the managerial approach—that noncompliance is often inadvertent and conditioned by a state's ability to implement treaty terms.

Human Rights Unbound

2020 ◽  
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
Political Power ◽  
Public Institutions ◽  
Political Rights ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
Major Shift ◽  
International Human ◽  
Conceptual Necessity

This book develops a theory of extraterritorial human rights obligations in international law. It links debates on human rights theory with those relating to extraterritoriality and merges accounts of economic social and cultural rights with those of civil and political rights. It advances four main arguments aimed at changing the way we think about extraterritoriality of human rights. First, it is argued that the questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, the book shows that human rights as found in international human rights treaties are underpinned by the values of integrity and equality. Third, it is argued that these same values justify the allocation of human rights obligations towards specific individuals to public institutions—including states—that hold political power over said individuals. And fourth, the book argues that title to territory is best captured by the value of stability, as opposed to integrity and equality. If these arguments are successful, their consequence is a major shift in how we view extraterritorial human rights obligations. Namely, the upshot is that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power, is met. However, on the present account, this threshold is not just a conceptual necessity but a normative one as well. It is needed because it not only describes, but also justifies the allocation of obligations.

The Idea of International Human Rights Law

2019 ◽  
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Moral Concept ◽  
Customary International Law ◽  
Human Rights Treaties ◽  
International Human ◽  
Fragmentation Of International Law

International Human Rights Law has emerged as an academic subject in its own right, separate from, but still related to, International Law. This book explains the distinctive nature of the new discipline by examining the influence of the moral concept of human rights on general international law. Rather than make use of moral philosophy or political theory, the work explains the term ‘human rights’ by examining its usage in international law practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice in the United Nations, the core human rights treaties, and customary international law, The Idea of International Human Rights Law shows how a moral concept of human rights emerged, and then influenced the international law doctrine and practice on human rights, a fact that explains the fragmentation of international law and the special nature of International Human Rights Law.

The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
International Human

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter first engages in the debate on whether and to what extent certain human rights treaties address armed groups directly. Second, it shows that under the law of state responsibility, states are generally not responsible for human rights violations committed by non-state entities. Third, it recalls that under international human rights law, states have an obligation to protect human rights against violations committed by armed groups. However, it argues that because this cannot be a strict obligation but is one that depends on states’ capacities and the particular circumstances, often this framework cannot adequately protect individuals against human rights violations by armed groups. The result is a legal and practical need for human rights obligations of non-state armed groups.

The Institutional Future of the Covenants

2018 ◽  
Author(s):  
Felice D Gaer
Keyword(s):  
Human Rights ◽  
Body System ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Treaty Monitoring ◽  
Treaty Body ◽  
International Human ◽  
Normative Standards ◽  
Individual Petition

Longstanding proposals to strengthen implementation of the international human rights treaties have often focused on procedural reforms such as harmonizing methods of work or consolidating ten treaty monitoring bodies into one. This article reviews past reform efforts and then considers proposals to create stronger individual petition mechanisms—including a ‘world court’—as a way of strengthening human rights implementation. After discussing these proposals, the author offers additional ways to make the system more effective and efficient. She rejects the oft-suggested proposal to create a ‘world court’ for human rights, noting legal, organizational, logistical, and financial obstacles. Rather than rushing to tear down the current treaty body system, the author offers a proposal for determining how consolidation of petition proceedings might affect normative standards.

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