Reconocimiento de la titularidad y el ejercicio de los derechos civiles y políticos de los residentes latinoamericanos en España : el derecho al sufragio en elecciones locales

Right To Vote ◽

The Right ◽

Los ciudadanos latinoamericanos que residen en España disfrutan de un marco legal diferenciado respecto de lo que atañe a los residentes procedentes de otras zonas en el marco de los lazos históricos y culturales que unen España y Latinoamérica reflejados en la legislación española. España mantiene suscritos convenios de Doble Nacionalidad con la mayor parte de países latinoamericanos. Y, desde 2009, ha suscrito tratados de reciprocidad en materia de sufragio en elecciones locales con diferentes países, la mayor parte de ellos latinoamericanos, tratados que permitieron que en las elecciones locales celebradas en España el 22 de mayo de 2011 los latinoamericanos concernidos pudieran ejercer el derecho al voto activo en España por primera vez sin necesidad de haberse acogido a los mencionados convenios de Doble Nacionalidad. La encuesta «Ciudadanía inmigrante», analizada en este artículo y realizada para la tesis doctoral «Derechos civiles y políticos de los residentes latinoamericanos en España. El derecho de sufragio», de la doctoranda autora de este artículo, da pautas sobre la percepción de los latinoamericanos residentes en España en torno a los derechos civiles y políticos y sobre su comportamiento respecto de los citados comicios de 2011.Latin American citizens residing in Spain enjoy a distinct legal framework compared to other foreign residents. That difference is based on the historical and cultural relations between Spain and Latin America. Spain has agreements on dual nationality with most Latin American countries. Starting in 2009 Spain has signed several reciprocity agreements about the right to vote in local elections with several countries, most of them in Latin America. On May 22, 2011 many Latin American citizens residing in Spain could exercise their right to vote in the Spanish local elections for the first time without having dual citizenship. The «Immigrant Citizenship» survey, analyzed in this article and developed for the doctoral thesis «Civil and Political Rights of Latin American Residents in Spain. The right to vote», provides guidance on the perception of Latin American living in Spain about civil and political rights and their behavior with respect to said elections.

Los límites de la participación política en una democracia excepcional: migrantes en Costa Rica

Migraciones internacionales ◽

10.33679/rmi.v1i1.1740 ◽

2020 ◽

Vol 11 ◽

pp. 1-27

Author(s):

Luicy Pedroza

Keyword(s):

Costa Rica ◽

Latin American ◽

Emigrants And Immigrants ◽

Local Elections ◽

Political Rights ◽

National Elections ◽

Latin American Region ◽

Support For Democracy ◽

Right To Vote ◽

The Right

In comparison to other countries in the Latin American region, especially in Central America, support for democracy in Costa Rica is high –despite ups and downs in recent years. Still, regarding the challenges that immigration poses for the principles of democratic inclusion and representation, Costa Rica lag behind 11 countries in Latin America –and 35 democracies in the world– where immigrant residents have the right to vote in local elections. In Chile and Uruguay, the only countries in the region where support for democracy tops that observed in Costa Rica, the right to vote of immigrant residents even reaches national elections. With such a comparative background, this article addresses the question: how to explain that this democracy ignores the tendency to give the right to vote to resident migrants? The study reveals a society in which the narrative of exceptionality with respect to other countries of the continent and the formal primacy of nationality to political citizenship, allow tolerating a clear inequality between the political rights of emigrants and immigrants.

THE RIGHT TO VOTE FOR NON-RESIDENT CITIZENS IN EUROPE

International and Comparative Law Quarterly ◽

10.1017/s0020589316000336 ◽

2016 ◽

Vol 65 (4) ◽

pp. 859-894 ◽

Cited By ~ 1

Author(s):

Richard Lappin

Keyword(s):

Human Rights ◽

International Human Rights Law ◽

Political Rights ◽

Human Rights Law ◽

Human Right ◽

European Court ◽

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.

The Obama Administration and Latin America: A "New Partnership for the Americas"

Global Economy Journal ◽

10.2202/1524-5861.1610 ◽

2010 ◽

Vol 10 (1) ◽

pp. 1850189

Author(s):

Raul Moncarz

Keyword(s):

Latin America ◽

Latin American ◽

President Obama ◽

National Interests ◽

Obama Administration ◽

Fidel Castro ◽

Spheres Of Influence ◽

The Right ◽

First Time ◽

The U.S

Every new U.S. administration brings renewed hope and vigor to the World regarding unrealized dreams and aspirations as well as unfinished and not realized agendas. The U.S. has not neglected Latin America, even according to some the region has probably benefited from U.S. involvement in the Middle East and Afghanistan. A New Partnership for the Americas is the name that the Obama group used during the election campaign. The common thread is a preference to develop cooperation through converging national interests as articulated by the U.S. and Latin American Caribbean governments. The U.S. and Cuban government officials are talking for the first time in years raising hopes for a thaw in long-icy relations. President Obama has granted Cuban-Americans the right to travel freely to Cuba and to send remittances there, and to give U.S. telecommunications companies the right to pursue business there represents a first step in trying for better relations. If the new Obama administration thought that a change in the rhetoric and tone would make the likes of Castro, Chavez and others see things the U.S. way, a new lesson was learned in that sometimes countries disagree simply because their goals are mutually exclusive. A year after Barack Obama became U.S. president, pledging "a new beginning" in relations with Cuba and wining praise from Fidel Castro, bitter rhetoric is once more flying between the two states. At the outset it has to be recognized that the U.S. government actually understands what is happening in Latin America. The U.S. policy is highly sophisticated and often seems more drastic on its understanding of what is happening than some or most of its critics. Looking at some people's history of the hemisphere it is remarkable and transformative that for the first time in many years, the U.S. does not seem to care much what happens in Latin America. In an interconnected world, power does not need to be a zero sum game, and nations need not fear the success of another. Cultivating spheres of cooperation--not competing spheres of influence--will lead to progress in the Caribbean and Latin America. Engagement meaning expanded cooperation with and the need to broaden policy efforts with the group of leftists rules countries such as Brazil, Bolivia, Chile, Ecuador, Nicaragua, Uruguay, Peru and Venezuela beyond the previous administration focus on regional economic integration through competitive liberalization.

PERILAKU PEMILIH PEMULA DALAM PILKADA SERENTAK DI Kecamatan Ciomas Kabupaten Serang TAHUN 2015

Jurnal Ilmu Pemerintahan Widya Praja ◽

10.33701/jipwp.v42i2.148 ◽

2016 ◽

Vol 42 (2) ◽

pp. 25

Author(s):

Basuki Rahmat ◽

Esther Esther

Keyword(s):

Political Parties ◽

The Political ◽

Local Elections ◽

Political Interests ◽

Rational Thought ◽

General Elections ◽

Practical Politics ◽

Right To Vote ◽

The Right ◽

Act No. 10 of 2008 on general elections to mention that voters are those who are first time to vote and aged 17 years or older or are/have been married have the right to vote in elections (and election).Voters beginners who are just entering the age of suffrage also do not yet have broad political range, todetermine where they should vote. So, sometimes what they choose is not as expected.The reason this is causing voters are very prone to be influenced and approached the materialapproach to the political interests of parties politik. Ketidaktahuan in terms of practical politics,especially with the choices in elections or local elections, voters often do not make rational thought andmore thoughtterm interests short.New voters are often only used by political parties and politicians to serve political interests, forexample be used for fundraising period and the formation of the party underbow organization.

Dopuszczalność orzeczenia przez sąd odwoławczy wyrokiem łącznym kary łącznej po raz pierwszy albo orzeczenia jej w zakresie innym niż orzekł sąd pierwszej instancji. Glosa do uchwały składu 7 sędziów Sądu Najwyższego z dnia 28 czerwca 2018 r. (I KZP 3/18, OSNKW 2018, nr 8, poz. 55)

Studia Iuridica Lublinensia ◽

10.17951/sil.2021.30.4.655-674 ◽

2021 ◽

Vol 30 (4) ◽

pp. 655

Author(s):

Dawid Marko

Keyword(s):

European Convention ◽

Appellate Court ◽

Political Rights ◽

Appeal Court ◽

Special Part ◽

Court Proceedings ◽

The Right ◽

Court Of First Instance ◽

<p>The commentary raises the problem of the admissibility of the issuing cumulative penalty in cumulative judgement by appeal court for the first time or issuing that penalty within the different scope of punishment, from the perspective of the power to alter decisions of a court of the first instance, the principle of two-instance court proceedings, access to court and the right of defence. By discussing the essence of the constitutional and convention provisions, the author attempts to answer the question what the scope of the appeal court’s power is to alter cumulative judgement issued in the first instance, by concluding that neither Article 176 (1) of the Polish Constitution, nor Article 6 of the European Convention on Human Rights (ECHR) and Article 2 of Protocol no. 7 to the ECHR supplementing its content, as well as Article 14 (5) of the International Covenant on Civil and Political Rights in principle stand in the way of such an approach, which should be reflected in the process of interpretation of Article 437 (2) of the Code of Criminal Procedure. However, in the author’s opinion, doubts arise, from the perspective discussed above, if the appellate court were to take into account, when imposing the cumulative penalty, a unit judgement unknown, for various reasons, to the court of first instance, to which a special part of the considerations and critical remarks is devoted.</p>

Compensation for Wrongful Conviction/Miscarriage of Justice in Hong Kong in Light of A v Secretary for Justice and Another [2020] hkcfi 427; hcal 176/2018 (11 March 2020)

International Human Rights Law Review ◽

10.1163/22131035-10020005 ◽

2021 ◽

pp. 1-21

Author(s):

Jamil Ddamulira Mujuzi

Keyword(s):

Hong Kong ◽

Political Rights ◽

Bill Of Rights ◽

Wrongful Conviction ◽

High Court ◽

The Future ◽

The Right ◽

First Time ◽

Miscarriage Of Justice

Abstract Article 14(6) of the International Covenant on Civil and Political Rights (iccpr) provides for the right to compensation for wrongful conviction or miscarriage of justice. In Hong Kong, there are two compensation schemes for people who have been wrongfully convicted – the statutory scheme under Article 11(5) of the Bill of Rights Ordinance and the ex gratia scheme (also applicable to wrongful imprisonment). Although there are cases in which Hong Kong courts have dealt with the right to compensation under the ex gratia scheme, it was only in March 2020, in A v Secretary for Justice and Another, that the High Court, for the first time, dealt with a case on the right to compensation under Article 11(5). In this article, the author discusses the right to compensation for wrongful conviction in Hong Kong generally and in particular under Article 11(5) of the Bill of Rights Ordinance. The author deals with the case of A v Secretary for Justice and Another and illustrates how the High Court’s interpretation of Article 11(5) of the Bill of Rights Ordinance is likely to impact on the right to compensation for wrongful conviction in Hong Kong in the future.

Torture by the Nigerian Police Force: International Obligations, National Responses and the Way Forward

Strathmore Law Review ◽

10.52907/slr.v2i1.99 ◽

2017 ◽

Vol 2 (1) ◽

pp. 169-187

Author(s):

Elkanah Babatunde

Keyword(s):

Legal Framework ◽

Police Brutality ◽

Political Rights ◽

International Treaties ◽

Convention Against Torture ◽

International Obligations ◽

Degrading Treatment ◽

The Right ◽

Right To Dignity

Police brutality has become rife in Nigeria and is regarded by some as a normal part of police operations. This is despite the fact that the Nigerian Constitution provides for the guarantee of the right to dignity and the protection against torture and inhuman or degrading treatment. Nigeria is also party to some international treaties such as the International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the African Charter on Human and Peoples’ Rights which expressly prohibit torture and other cruel, inhuman and degrading treatment. This raises the question whether police brutality in Nigeria amounts to torture and / or other cruel, inhuman or degrading treatment and whether the existing legal framework sufficiently prevents and punishes the perpetrators of these acts.

Derogation in the Field of Human Rights: International Legal Instruments and Practice of Ukraine

International and Comparative Law Review ◽

10.2478/iclr-2020-0016 ◽

2020 ◽

Vol 20 (2) ◽

pp. 7-37

Author(s):

Volodymyr Denysov ◽

Lyudmyla Falalieieva

Keyword(s):

Human Rights ◽

Armed Conflict ◽

Legal Framework ◽

The State ◽

Political Rights ◽

Loss Of Control ◽

European Court ◽

Protection Of Human Rights ◽

The Right ◽

Summary The study highlights the international legal framework for the regulation of derogation of human rights and the practice of applying the latter by Ukraine, which is exercised for the first time under conditions of armed conflict and temporary loss of control over part of its territory. The essence, factors, mechanisms, peculiarities and problems related to derogation in the field of human rights, tools for its realization are revealed. The importance of using derogation of human rights as one of the “escape mechanisms” for the state is emphasized, the state’s right which is of an exclusive nature, the possibility of which is provided for by the relevant international treaty, requiring compliance with agreed conditions and procedures. Comparative analysis of the provisions of International Covenant on Civil and Political Rights (1966), Convention for the Protection of Human Rights and Fundamental Freedoms (1950) concerning the right of the state to derogate in the field of human rights in time of a public emergency threatening the life of the nation is made. It is emphasized that the derogation in the field of human rights requires doctrinal understanding as a kind of legitimate limitation on use of restrictions on rights. It outlines the specific measures Ukraine was forced to take in order to derogate in the field of human rights under the armed conflict and temporary loss of control over part of its territory, as well as their perception by the international community. International legal acts, case law of the European Court of Human Rights and doctrinal views on issues outlined are analyzed.

Demands for Voter Identification Require a Constitutional Standard of Reasonable Suspicion of Illegal Activity

Political Science and Politics ◽

10.1017/s104909650909026x ◽

2009 ◽

Vol 42 (01) ◽

pp. 103-105 ◽

Cited By ~ 1

Author(s):

Robert Ellis Smith ◽

Richard Sobel

Keyword(s):

Political Rights ◽

Illegal Activity ◽

Voter Identification ◽

Fundamental Significance ◽

Reasonable Suspicion ◽

Right To Vote ◽

The Right

“It is beyond cavil that ‘voting is of the most fundamental significance under our constitutional structure’” (Burdick v. Takushi1992, 433). Voting is particularly foundational “since the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil and political rights” (Harper v. Virginia Bd. of Educ. 1966, 667). As Justice Kennedy dissented inBurdick(1992, 434), even depriving one voter of the exercise of the fundamental right to vote is too substantial an impact to withstand constitutional scrutiny.

Palestinian Diaspora Communities in Latin America and Palestinian Statehood

Journal of Holy Land and Palestine Studies ◽

10.3366/hlps.2020.0230 ◽

2020 ◽

Vol 19 (1) ◽

pp. 101-120

Author(s):

Yousef M. Aljamal ◽

Philipp O. Amour

Keyword(s):

Latin America ◽

South America ◽

Latin American ◽

Economic Life ◽

Self Determination ◽

The Political ◽

Middle Classes ◽

Latin Americans ◽

Political Views ◽

The Right

There are some 700,000 Latin Americans of Palestinian origin, living in fourteen countries of South America. In particular, Palestinian diaspora communities have a considerable presence in Chile, Honduras, and El Salvador. Many members of these communities belong to the professional middle classes, a situation which enables them to play a prominent role in the political and economic life of their countries. The article explores the evolving attitudes of Latin American Palestinians towards the issue of Palestinian statehood. It shows the growing involvement of these communities in Palestinian affairs and their contribution in recent years towards the wide recognition of Palestinian rights — including the right to self-determination and statehood — in Latin America. But the political views of members of these communities also differ considerably about the form and substance of a Palestinian statehood and on the issue of a two-states versus one-state solution.