scholarly journals Towards Substantive Democracy In Indonesia: A Viewpoint

2020 ◽  
Vol 4 (2) ◽  
pp. 881-886
Author(s):  
I Made Gede Ray Misno

Democracy is the most appropriate choice for our nation in carrying out the life of the nation and state. With democracy, the political rights of every citizen are guaranteed to be the same. Every citizen has the right to vote and be elected into political power, in contrast to monarchies where hereditary law applies. Because all citizens have the same rights and obligations in politics, democracy can only work effectively if these political positions are filled or held by people who have good qualifications, competences, and morals, so that they are able to represent people. who have given him the confidence to occupy a given political position with the aim of mutual welfare, as stated in the Preamble to the 1945 Constitution.

Kosmik Hukum ◽  
2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rizkon Maulana ◽  
Indriati Amarini ◽  
Ika Ariani Kartini

The fulfillment of political rights for persons with mental disabilities in general elections has not been running as it should be. Pros and cons arise when collecting data on citizens who have the right to vote at the time of general elections. This research analyzes how the fulfillment of the political rights of persons with mental disabilities in legislation and the obstacles experienced in fulfilling the political rights of persons with mental disabilities. This research is a normative juridical study using secondary data as the main data, namely books, journals, research results, and legislation. Secondary data were analyzed normatively qualitative. The results showed that the political rights of persons with disabilities, including persons with mental disabilities, are a component of human rights that must be fulfilled in a democratic country. The fulfillment of the political rights of persons with disabilities is generally based on Law Number 8 of 2016, namely Article 13 which stipulates that persons with disabilities have the political right to vote and be elected in public office. These rights are important to be respected, protected and fulfilled in order to achieve justice for eliminating political discrimination against persons with disabilities. As for the obstacles experienced in fulfilling the political rights of persons with mental disabilities, namely the difficulty in conveying socialization materials to persons with mental disabilities and the level of voter participation among persons with mental disabilities is still low.Keywords: Political Rights, General Election, Mental Disability


Getting By ◽  
2019 ◽  
pp. 849-874
Author(s):  
Helen Hershkoff ◽  
Stephen Loffredo

This chapter discusses the right to vote. Democracy demands that every vote count and that every voter be able to shape social and economic policy. Equality of participation, however, is seriously undermined by the outsized role that money plays in American electoral politics—making the exercise of the franchise even more important for persons who are poor or have low income. The chapter discusses the legal and practical barriers that low-income citizens face when they go to the polls, including demands for identification cards, the need to take time off from work, and long waiting periods at the ballot box in neighborhoods that are poor or populated by persons of color. The chapter sets out the constitutional basis for the right to vote, locating current restrictions in past practices that excluded the poor and unpropertied, and impeded the political rights of African Americans after emancipation. Discussion focuses on conditions that states have attached to the right to vote, on protections afforded under federal statutes, and rules governing voter registration campaigns.


2019 ◽  
Vol 1 (2) ◽  
pp. 105-114
Author(s):  
Yusdar Yusdar

The right to vote and be elected is a constitutional right of citizens who are recognized as part of the rights to the same position in law and government. Elections are a very important momentum, in fact, the Election still often raises problems for persons with disabilities. Persons with disabilities are a group of persons with disabilities who most need special facilities so that they can choose independently so they can fulfill the principle of elections, namely Direct, General, Free and Confidential and Honest and Fair. So that the political rights of persons with disabilities have not been maximally fulfilled through the provision of accessibility in elections for them. This research is normative legal research. By using several methods of approach, namely: Legislative approach (statute approach), conceptual approach (conceptual approach), case approach (case approach). The results of the study show that the provision of accessibility space, not only on the momentum of giving rights (giving ballots to be tested) to persons with disabilities on voting days and hours in elections but giving accessibility to persons with disabilities in elections was given since the stages of election implementation were echoed. Ideally, Disabled Persons must have access as election organizers as well as election participants. The accessibility of persons with disabilities should not only be given to access rights as voters on the day and time of voting. Keywords:People with Disabilities; Elections; Integrity


2017 ◽  
Vol 8 (2) ◽  
pp. 261
Author(s):  
Kimberly Farias Monteiro ◽  
Leilane Serratine Grubba

A luta das mulheres pela conquista de direitos, especialmente pelo direito civil e político ao voto, foi visível e teve nítido enfoque durante a denominada primeira onda do movimento feminista, que transcorreu pelos séculos XIX e XX. Muitos movimentos marcaram a reivindicação das mulheres pelo direito ao voto, em especial e como um dos mais marcantes, o movimento Sufragista. As Sufragistas, primeiras ativistas do feminismo no século XIX, passaram a ser conhecidas pela sociedade da época devido as suas fortes manifestações públicas em prol dos direitos políticos, com ênfase no direito ao voto. Esse cenário é retratado pelo filme As Sufragistas, estreado no ano de 2015, que relata a luta de mulheres pelo direito ao voto e o movimento sufragista liderado por Emmeline Pankhurst. O artigo problematiza o início da luta de gênero por direitos políticos, com ênfase nos estudos de Direito e Cinema. Dessa forma, a análise do resultado político na luta por direitos da primeira onda do movimento feminista pode ser exemplificado pelo filme As Sufragistas. O filme retrata as condições precárias da mulher no trabalho e sua submissão aos homens; mostra como o Direito e o Cinema podem relacionar-se com o intuito de explorar as realidades vivenciadas pelas mulheres em busca de seus direitos. Nesse sentido, o artigo objetiva, através da análise de cenas e linguagem do filme As Sufragistas, explorar a batalha das Sufragistas pela conquista do voto feminino e, consequentemente, demonstrar que, por meio do Cinema e através de suas imagens é possível retratar as realidades e, assim, as condições às quais as mulheres foram submetidas por longos anos. Palavras-chave: Direitos Humanos. Direitos Políticos. Cinema. Feminismo.Abstract: Women’s struggle for rights, especially civil and political right to vote, had a clear focus during the first wave of the feminist movement that went through the nineteenth and twentieth centuries. Many movements marked the women’s claim to the right to vote, in particular and one of the most striking, the Sufragist movement. Sufragists, the first activists of feminism in the nineteenth century, came to be known by the society of the time due to its strong public manifestations for political rights, especially the right to vote. This scenario is portrayed by the film Suffragette, released in the year 2015, which relates the struggle of women for the right to vote and the suffragist movement led by Emmeline Pankhurst. The purpose of this article is to analyze the beginning of the gender struggle for political rights, with emphasis on Law and Cinema studies. In this way, the analysis of the political outcome in the struggle for rights of the first wave of the feminist movement can be exemplified by the film Suffragette. The film portrays the precarious conditions of women at work and their submission to men; Shows how law and cinema relate to the purpose of exploring the realities experienced by women in search of their rights. In this sense, the present article aims, trought the analysis of scenes and language of the film Suffragette, to explore the battle of Sufragists by the conquest of the feminine vote and, consequently, demonstrate trought the Cinema and trought images it is possible to portray the realities and thus the conditions to which women were submitted. Keywords: Cinema. Feminism. Human Rights. Political Rights.


1978 ◽  
Vol 8 (1) ◽  
pp. 145-168 ◽  
Author(s):  
Vicente Navarro

This paper presents an analysis and critique of the U.S. government's current emphasis on human rights; and (a) its limited focus on only some civil and political components of the original U.N. Declaration of Human Rights, and (b) its disregard for economic and social rights such as the rights to work, fair wages, health, education, and social security. The paper discusses the reasons for that limited focus and argues that, contrary to what is widely presented in the media and academe: (1) civil and political rights are highly restricted in the U.S.; (2) those rights are further restricted in the U.S. when analyzed in their social and economic dimensions; (3) civil and political rights are not independent of but rather intrinsically related to and dependent on the existence of socioeconomic rights; (4) the definition of the nature and extension of human rights in their civil, political, social, and economic dimensions is not universal, but rather depends on the pattern of economic and political power relations particular to each society; and (5) the pattern of power relations in the U.S. society and the western system of power, based on the right to individual property and its concomitant class structure and relations, is incompatible with the full realization of human rights in their economic, social, political, and civil dimensions. This paper further indicates that U.S. financial and corporate capital, through its overwhelming influence over the organs of political power in the U.S. and over international bodies and agencies, is primarily responsible for the denial of the human rights of the U.S. population and many populations throughout the world as well.


Author(s):  
RANDRINRIJAONA MAEVA

The exclusion of women is at the heart of the modern political order, despite the gradual recognition of formal equality between men and women in the exercise of political rights. The evolution of the political culture has nevertheless allowed the gradual access of women to power. Yet in the case of Madagascar, gender consideration is not limited to the integration of women in power, but several challenges lie ahead for the country in terms of women's rights. Women parliamentarians through their roles can advocate for women's rights. But the question is how these women parliamentarians advocate for women’s development rights do?Women's development requires respect for their rights, and women parliamentarians, when designing and passing laws, have the opportunity to fight for women's rights, which generally boil down to the right to health, safety and work. The aim is therefore to highlight the capacity of women parliamentarians to establish a rule of law that allows women to develop. Women's participation in the proposals and discussions of laws can play an equal part in promoting women's rights and women's development.


1969 ◽  
pp. 465 ◽  
Author(s):  
Michael Asch

In this article, the author examines the need for constitutional recognition and protection of the political collective rights of minority groups in Canada, particularly those of Aboriginal nations. The author asserts that Canada's present constitutional approach to minority collective rights is one of "indirect consociation," an approach which embraces the ideology of "universalism" and does not expressly recognize or protect minority ethnonational communities. This is ineffective as it generates political instability. He examines both Canadian constitutional thinking as well as the thoughts of Aboriginal nations on the right to self-government and discusses the conflicting theories behind each position. Finally, the author suggests that the solution to resolving this conflict between minority and majority political rights is for Canada to adopt a "direct consociation" approach. This approach would recognize expressly and protect the political rights of Aboriginal nations and other minorities, based on the concept of equality, as opposed to continuing colonialist or assimilationist approaches which only serve to heighten inequality and political tension.


2020 ◽  
Vol 11 ◽  
pp. 1-27
Author(s):  
Luicy Pedroza

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.


2001 ◽  
Vol 45 (1) ◽  
pp. 25-50 ◽  
Author(s):  
Egbe Samuel Egbe

The participation of local communities in the management of Cameroon's huge forest resources appears to be one of the most imponderable and enigmatic issues confronting contemporary policy-makers. This is because forest resource access and tenure policies in Cameroon have, since the colonial period, generally been hegemonic in character. This situation was further accentuated with the advent of national governments. On the eve of independence and even beyond, African governments were so concerned with political rights that they did not give much thought to any other rightscertainly not to what has become known as the right of local communities to participate in natural resource management. It was quite easy for Africans to conceive of rights solely in terms of the political rights of individuals. There was thus an alleged incompatibility between riparian community rights to participate in forest management and respect for individual rights.


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