Legal Threats and the Emergence of Legal Mobilization: Conservative Mobilization in Colombia

2020 ◽  
pp. 1-32
Author(s):  
Emilio Lehoucq
Keyword(s):  
Legal Mobilization ◽  
Constitutional Court ◽  
Structure Model ◽  
Opportunity Structure ◽  
Lgbt Rights ◽  
Legal Rules ◽  
Lgbt People ◽  
Moral Conservatism ◽  
Taking Action

Though the Colombian Constitutional Court has had a lead role in granting lesbian, gay, bisexual, and trans (LGBT) rights since 1998, conservatives mobilizing against LGBT rights between 1991 and 2007 were active in Congress and the streets rather than in court. After 2007, however, conservatives have maintained consistent opposition to rights claims made by LGBT people in the Constitutional Court. This article draws from fieldwork examining the significance of the Constitutional Court’s transition from granting rights to LGBT people as individuals to granting rights to LGBT people as couples and potential families to theorize conservative legal mobilization, particularly moral conservatism. To account for the rise of conservative legal mobilization against LGBT rights in Colombia in 2007, this article expands on the legal opportunity structure model. It theorizes that legal threats––that is, changes in legal rules that are perceived to increase the costs of mobilization or the expected costs of not taking action––are among the factors that lead movements to engage in legal mobilization, even if legal opportunities are not expanding.

scholarly journals Judicial Error: Responsibility, but not the Right

2019 ◽  
pp. 4-17
Author(s):  
Vyacheslav Kurchenko
Keyword(s):  
Professional Experience ◽  
Constitutional Court ◽  
Legal Rules ◽  
Judicial Practice ◽  
European Court ◽  
Gradual Accumulation ◽  
Judicial Errors ◽  
The Right ◽  
Judicial Error

In the article, the causes of judicial errors are discussed. The author examines the possibilities of imposing discipline sanctions on judges for their errors, considers a range of questions. In particular, should a judge seek the truth while hearing a case? Is a judge responsible for not only his or her errors but also for the errors of investigators, experts, and other participants of a proceeding? The author indicates various types of judicial errors and comes to a conclusion that gradual accumulation of ordinary or insignificant errors in the judge’s activity inevitably leads to systematic (or unordinary) errors. They indicate that the judge is unfair or incompetent. Drawing on personal professional experience and judicial practice, positions of the Russian Constitutional Court and the European Court of Human Rights, the author makes a link between judicial errors and the quality of justice. He emphasizes that the judge should follow the legal rules concerning adjudication and maintain his or her level of competence.

Hungarian Constitutional Court: Keeping Aloof from European Union Law

ICL Journal ◽  
2011 ◽  
Vol 5 (3) ◽  
Author(s):  
László Blutman ◽  
Nóra Chronowski
Keyword(s):  
European Union ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Constitutional Review ◽  
Legal Norms ◽  
Legal Rules ◽  
Tier System ◽  
Domestic Law

AbstractWhile the European Union is in the process of carefully navigating among the various forms of sub-federalism, Member States - including recent ones like Hungary, trying to find an equilibrium between their sovereignty and European supranationalism - have to cope with possible conflicts between their national legal systems and EU law. Since Hungary's accession to the European Union, the Hungarian Constitutional Court has faced questions regarding the constitutionality of EU legal rules and conflicts between European and national legal norms. This article examines these issues and analyzes criteria of constitutional review that the Court has gradually set out in dealing with some of these conflicts. So far, it has established two principles marking the boundaries of future constitutional practice. First, it will treat the founding and amending treaties of the European Union as part of domestic law for the purposes of constitutional review, thereby setting up a two-tier system of legal rules applicable within Hungarian legal practice instead of a possible three-tier construction that would distinguish between national, international and European law. Second, in the absence of jurisdiction to review substantive (un)constitutionality (as opposed to procedural constitutionality), the Constitutional Court does not regard a conflict between domestic law and EU law as a constitutionality issue and this mandates the ordinary courts to resolve such conflict of a sub-constitutional nature. Taking these conclusions as starting points, this article sets out the possible types of conflicts that may occur between EU rules and other legal rules applicable in Hungary, weighing the constitutional relevance of these conflicts; it also outlines the directions along which the practice of the Hungarian Constitutional Court may develop in this respect.

scholarly journals Position of Tax Debt and Labour Right: Legal Review

2020 ◽  
Vol 1 (4) ◽  
pp. 1-8
Author(s):  
Sonya Liani Ramadayanti
Keyword(s):  
Research Method ◽  
Special Treatment ◽  
Tax Law ◽  
Bankruptcy Law ◽  
Constitutional Court ◽  
Legal Research ◽  
Labour Law ◽  
Legal Principles ◽  
Legal Rules ◽  
The Right

This study aims to explain the position of tax debt and labour right in bankruptcy. The legal research method used in this research using normative research, the legal rules and legal principles used related to bankruptcy law, tax law and labour law will be a reference in describing the problem of the position of tax debt and labour right in bankruptcy cases. The Taxation Law gives a special treatment and higher position on which the tax debt is first to be paid by the debtor and followed by the right borne by the separatist creditor. On the other hand, Law Number 13 of 2003 concerning Employment also regulates that the labour of the wages and other rights of the labour and positioned the labour as preferred creditor on which the privilege is given by the law. However, there are no statements in the Employment Law that stated the position of labour as a preferred creditor is higher than separatist creditor in the matter of bankrupt as what the Taxation Kaw expressed creditor is higher than the separatist creditor within the matter of tax payment. That distinction seems positioned the preferred creditor status of labour is lower than the position of separatist creditor on the matter of right fulfillment in bankruptcy. It is certainty that the statement which stated that the collection of tax debts have the right to preceded than other debts does not fit in this matter. Eventually, there is a decision of Constitutional Court Number 67/PUU-XI/2013 that provides a change within the position labour’s right on the matter of bankruptcy.

scholarly journals LGBT Rights and Inclusion in Small Island Developing States (SIDS)

2021 ◽  
Author(s):  
Iffat Idris
Keyword(s):  
Human Rights ◽  
International Development ◽  
Grey Literature ◽  
Development Cooperation ◽  
Small Island ◽  
Small Island Developing States ◽  
Lgbt Rights ◽  
Lgbt Issues ◽  
Lgbt People ◽  
The Right

This review looks at the extent to which LGBT rights are provided for under law in a range of Small Island Developing States (SIDS), and the record on implementation/enforcement, as well as approaches to promote LGBT rights and inclusion. SIDS covered are those in the Caribbean, Pacific, and Atlantic-Indian Ocean-South China Sea (AIS) regions. The review draws on a mixture of grey literature (largely from international development agencies/NGOs), academic literature, and media reports. While the information on the legal situation of LGBT people in SIDS was readily available, there was far less evidence on approaches/programmes to promote LGBT rights/inclusion in these countries. However, the review did find a number of reports with recommendations for international development cooperation generally on LGBT issues. Denial of LGBT rights and discrimination against LGBT people is found to varying extents in all parts of the world. It is important that LGBT people have protection in law, in particular the right to have same-sex sexual relations; protection from discrimination on the grounds of sexual orientation; and the right to gender identity/expression. Such rights are also provided for under international human rights conventions such as the Universal Declaration of Human Rights, while the Sustainable Development Goals are based on the principle of ‘leave no one behind'.

Activism after EU Leverage

2018 ◽  
pp. 140-170
Author(s):  
Conor O'Dwyer
Keyword(s):  
Czech Republic ◽  
Political Party ◽  
The Political ◽  
Political Opportunity Structure ◽  
Political Opportunity ◽  
Opportunity Structure ◽  
Lgbt Rights ◽  
The Czech Republic

This chapter completes the close comparison of Poland and the Czech Republic. In 2004, both became EU members, a change that weakened transnational leverage and reshaped the political opportunity structure such that the costs of repressing LGBT-rights movements fell. In Poland, this shift led to an immediate increase in direct and indirect repression under a newly elected hard-right government. Over the longer term, however, this backlash reinforced solidarity, prevented internal framing contests, and helped win movement allies. The chapter focuses in particular on how Polish activism became electorally mobilized through an alliance with the political party Your Movement. The Czech Republic, where the hard right remained irrelevant, saw no such backlash; nor, however, did the Czech movement reap backlash’s benefits. Instead, it continued the demobilizing and deinstitutionalizing trends described in the previous chapter.

Policy analysis in the Colombian Constitutional Court

2020 ◽  
pp. 99-112
Author(s):  
Juan Carlos Rodríguez-Raga ◽  
Santiago Virgüez-Ruiz
Keyword(s):  
Public Policy ◽  
Policy Analysis ◽  
Illicit Drugs ◽  
Future Research ◽  
Constitutional Court ◽  
Peace Agreement ◽  
Constitutional Review ◽  
Legal Rules ◽  
Future Research Agenda ◽  
Colombian Government

This chapter uses a specific case example from the Colombian Constitutional Court (CCC) that provides insights into the phenomena of judicialization of politics and public policy. It explains the structure, powers and operation of the CCC and examines its decisions with respect to public policy on illicit drugs as part of the peace agreement. It also describes the way CCC has recently dealt with one dimension of the illicit drugs public policy related to the peace agreement reached between the Colombian government and the now demobilized guerrilla group FARC-EP. The chapter mentions the abstract constitutional review, which is an instrument the CCC uses to protect the integrity of the system of legal rules and comply with the constitutional provisions. It summarizes the highlights of the policy analysis toolbox used by the CCC and suggests a future research agenda.

Discourse Analysis: Kinship Politics in the 2020 Regional Head Election

2021 ◽  
Vol 1 (1) ◽  
pp. 29-40
Author(s):  
Moch Edward Trias Pahlevi ◽  
Azka Abdi Amrurobbi ◽  
Bambang Eka Cahya Widodo
Keyword(s):  
Political Parties ◽  
Media Coverage ◽  
Descriptive Analysis ◽  
Online Media ◽  
Constitutional Court ◽  
Legal Rules ◽  
Media Reports ◽  
Dynastic Politics ◽  
Regional Elections ◽  
The Impact

After the issuance of the Constitutional Court Decision No.33 / PUU-Xlll / 2015 as the cancellation of the ban on dynastic politics, a number of candidates from the incumbent's relatives advanced in the direct Pilkada and mushroomed up to the 2020 regional elections. The occurrence of kinship politics is not only seen in terms of regulation, but the rise of kinship politics is also due to problems in political parties in carrying out the political recruitment function. This study seeks to analyze the findings of the online media reported in Kompas and Tempo. This study uses qualitative methods and uses Nvivo 12 Plus in processing data. In this study, it is explained that the factors for the formation of dynastic politics from online media coverage of Kompas dominantly explains the recruitment of political parties which are less democratic, while Tempo online media dominantly explains that the supporting factors for the formation of kinship politics are party recruitment, family support, and weak legal rules. In addition, the impact of kinship politics from the analysis of Kompas online media reports is the creation of corrupt behaviour and damaging the bureaucratic order. Meanwhile, the impact of kinship politics from the analysis of Tempo online media is the decline in the quality of democracy and damage to the structure of the party. This type of research used in this research is qualitative research. The analysis used in this paper is descriptive analysis. Analysis was performed using the Nvivo 12 plus software.

scholarly journals Donor Support for the Human Rights of LGBT+

2021 ◽  
Author(s):  
Laura Bolton
Keyword(s):  
Human Rights ◽  
International Development ◽  
World Bank ◽  
Global Scale ◽  
Development Cooperation ◽  
Rapid Review ◽  
Lgbt Rights ◽  
Donor Support ◽  
Lgbt People ◽  
The Impact

This rapid review synthesises evidence on the bilateral and multilateral donors promoting and protecting the human rights of LGBT+ people on a global scale. It focusses on those donors that have policies, implementation plans and programmes on LGBT+ rights. This review also examines the evidence on the impact of their work. The bilateral donors providing the most support for LGBT+ (Lesbian, Gay, Bisexual, Transgender, +) communities in 2017-18 are the Swedish International Development Cooperation Agency (Sida), UK Department for International Development (DFID), The Netherlands Development Cooperation, Norwegian Agency for Development Cooperation (Norad), and the European Commission (EC). Whilst the multilateral donors providing the most support for LGBT+ are the UN and World Bank. The United Nations (UN) is doing a huge amount of work on LGBT+ rights across the organisation which there was not scope to fully explore in this report. The UN Office of the High Commissioner on Human Rights (UNOCHR) in particular is doing a lot on this theme. They publish legal obligation information, call attention to rights abuses through general assembly resolutions. The dialogue with governments, monitor violations and support human rights treaties bodies. The work of the World Bank in this area focuses on inclusion rather than rights. A small number of projects were identified which receive funding from bilateral and multilateral donors. These were AMSHeR, International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), and Stonewall. This rapid review focused on identifying donor support for LGBT+ rights, therefore, searches were limited to general databases and donor websites, utilising non-academic and donor literature. Much of the information comes directly from websites and these are footnoted throughout the report. Little was identified in the way of impact evaluation within the scope of this report. The majority of projects found through searches were non-governmental and so not the focus of this report.

scholarly journals COMMUNICATIVE INTENTION OF THE FACEBOOK COMMUNITY “ZAPORIZHIA PRIDE” IN THE CONTEXT OF HUMAN RIGHTS

2020 ◽  
Vol 9.1 (85.1) ◽  
Author(s):  
Pavlo Miroshnychenko ◽  
◽  
Yuliia Liubchenko ◽  
Keyword(s):  
Opinion Leaders ◽  
Lgbt Rights ◽  
Negative Stereotypes ◽  
Transgender People ◽  
Self Presentation ◽  
Communicative Intention ◽  
Lgbt Issues ◽  
Lgbt Community ◽  
Lgbt People ◽  
Official Information

The main aim of the article is to determine the communicative intention (quantitative and qualitative indicators, targeting, conflict-generating) of posts on Facebook “Zaporizhzhia Pride” aimed at protecting the rights and freedoms of the LGBT community. To analyze the communicative intention of the Facebook community “Zaporizhzhia Pride”, two experts processed 13 posts, which provide information about the peculiarities of the organization of the Equality March in Zaporizhzhia, as well as information exposing social myths, negative stereotypes and prejudices about the LGBT community in general, and about the Pride in particular. The main communicative goal of the posts of the “Zaporizhzhia Pride” is to properly inform the representatives of the LGBT community, those who support the LGBT rights movement, about the peculiarities of the organization, conduct and security of the event. The authors of the posts also articulate calls and motivations for active participation and support of the Zaporizhzhia Pride action quite clearly. Facebook community “Zaporizhzhia Pride” addresses opponents of the action with rational arguments, debunks myths and superstitions, negative stereotypes and attitudes towards homosexuals and transgender people. An effective communication and information tool for the anti-discrimination discourse of the Zaporizhzhia Pride Facebook group is interviews and speeches by public opinion leaders of the Zaporizhzhia region, people popular among young people who support the ideas of the Pride and LGBT people. The intentions of “self-presentation”, actually “presentation” and “indirect presentation” prevail. This proves the strong desire of the Facebook group “Zaporizhzhia Pride” to create a positive image of the event itself, themselves as activists of the movement for LGBT rights and freedoms, this community as a whole. Considerable attention to the issue of security shows that the authors are aware of the threats and risks for participants and supporters of the action, and therefore understand the conflict between LGBT issues, the Equality March itself, both in Ukraine and in the Zaporizhzhia region. At the same time, the conflict-generating of the posts of the “Zaporizhzhia Pride” is low: the instruction to provide all official information about the event encourages the authors of the texts to communicate in a balanced and meaningful way.

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