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Magister Legum - LLM / The purpose of this mini-thesis is to assess the present position regarding prisoner disenfranchisement in South Africa from a human rights perspective, and to recommend reforms of South African electoral legislation as far as prisoners‘ voting rights are concerned.

<p>During our teacher training, focusing on history and Swedish at further education level, we have noticed a discrepancy in the way history is portrayed in further education and higher education literature. Accounts of historical ideas, events and developments have often wrongly been depicted as non-gender specific, that is, of equal relevance to both men and women. To what extent is it made clear in further education textbooks that Rousseau’s treatise on education was exclusively aimed at the male gender, and how are the gender-specific aspects of his ideas described? What role and space are set aside for women in the accounts of the struggle for the universal right to vote in Sweden at the turn of the century in 1900, and how is the unions’ initial exclusion of female workers portrayed? Focusing on the above historical events and developments, this study aimes to examine whether or not gender-specific issues are described as gender neutral in a selection of history textbooks for further education published in Sweden between 1982 and 2003.</p>

During our teacher training, focusing on history and Swedish at further education level, we have noticed a discrepancy in the way history is portrayed in further education and higher education literature. Accounts of historical ideas, events and developments have often wrongly been depicted as non-gender specific, that is, of equal relevance to both men and women. To what extent is it made clear in further education textbooks that Rousseau’s treatise on education was exclusively aimed at the male gender, and how are the gender-specific aspects of his ideas described? What role and space are set aside for women in the accounts of the struggle for the universal right to vote in Sweden at the turn of the century in 1900, and how is the unions’ initial exclusion of female workers portrayed? Focusing on the above historical events and developments, this study aimes to examine whether or not gender-specific issues are described as gender neutral in a selection of history textbooks for further education published in Sweden between 1982 and 2003.

This thesis examines the justificatory basis of the right to candidacy, otherwise referred to as the right to stand for election, and assesses the implications of characterising political candidacy as a human right. It examines the extent of the right's legal recognition in international, regional and domestic human rights law with specific focus on the jurisprudence of the United States, Canada and the ECtHR. This dissertation then offers a theoretical justification for the existence of a moral right to candidacy in all liberal democracies. This justificatory account highlights how the following values and interests underlie the right to candidacy: dignity (as social recognition of one's equal moral status), autonomy, self-expression and self-development. It further examines the derivative justifications for the right to candidacy by outlining the extent to which it is necessary for the effective exercise of the right to vote, freedom of association and the maintenance of a common liberal culture. The correlative duties to which the right gives rise are also examined. It is argued that the right entails duties to respect, protect and fulfil. The duty to respect imposes a negative obligation on the State to refrain from imposing unjustifiable disqualifications or eligibility requirements for elective office. The duty to protect entails an obligation to safeguard against infringements of the right by political parties in their candidate selection processes. Thirdly, the duty to fulfil involves a positive obligation to organise and administer free and fair elections with a reasonably level playing field in which candidates may compete. This thesis subsequently explores the institutional implementation of these duties and how the values and interests underlying the right should help inform the scope and content of such duties in the jurisdictions specified above.

<p>The aim of this bachelor thesis is to examine the current situation as regarding the political equality in Iran. The method of this reaserch is based on a single-case studie wich grounds in secondary sources. The analysis of this paper is based on fields that concern political equality which in this study will focus on the right to vote, candidacies in the parliament election 2004 and the presidential election 2005. A democracy theory by Jack Lively is used to analyze the political equality in Iran´s political system.</p><p>The Iranian regim is strongly criticized by the goverments in the Western world and NGO´s for the situation of the democracy and the human rights in the country. Despite the criticism, Iran still continues in the same political direction, although the democracy has gained a stronger role in the political sphere. Therefore in this paper I have examined if Iran´s political system is based on political equality. As the evidences show, the conclusion in this bachelor thesis is that the Iranian political system cannot meet all the criterions that are stated by Lively in the theory used and therefore political equality cannot exist in Iran´s political system.</p>

La recherche porte sur un système de représentation mis en place à Rome au niveau local en 2004, dans le but d'impliquer les non citoyens européens résidant dans la capitale italienne, dans le processus de prise de décisions collectives. Un tel système de représentation est composé de deux formes de représentation différentes: il s'agit, primo, de quatre «conseillers ajoutés» élus périodiquement au Conseil municipal de Rome par les non citoyens européens résidents et, secundo, de la «Consulta pour la représentation des communautés étrangères» également élue périodiquement et simultanément aux «conseillers ajoutés» par les non citoyens européens résidents. Une analyse comparative approfondie de ces deux formes de représentation, dont un tel système représentatif bicéphale est composé, nous permet de vérifier nos hypothèses de fond. Voici la première : ces deux formes de représentation sont conçues et réalisées suivant deux logiques tout à fait différentes, voire antithétiques, sinon incompatibles, de sorte que ce que l'on donne pour acquis, le fait que de telles formes de représentation peuvent bien coexister s'intégrant l'une à l'autre, est en fait à mettre en question. Voici la deuxième : un tel système représentatif est une sorte de réactualisation, sous certains aspects, des premières formes de participation politique par le biais de représentants élus dans une conjoncture nouvelle, car certaines de ses caractéristiques marquent un retour aux formes initiales du gouvernement représentatif. De la sorte, ce que l'on donne pour acquis, le fait que ce système de représentation est bien novateur, voire il constitue une véritable nouveauté, est en fait à mettre en question / This research is about a representative system, which was implemented in Rome at the local level in 2004, to involve not European citizens living in the Italian Capital in decision making process. This representative system is composed of two different forms of representation : firstly, four "Added (town) Councillors", who are periodically elected into the Rome municipal Council by not European citizens living in Rome; secondly, the "City Consulta representing foreign communities", which is also periodically elected simultaneously with the four "Added (town) Councillors" by not European citizens living in Rome. By performing a comparative analysis of the two forms of representation this bicephalous representative system is composed of, we will be able to test our main hypotheses. The first one is that these two forms of representation are conceived and implemented according to two very different, contrasting, antithetic logics, which are opposed to one another, if not incompatible. Therefore, it requires us to call into question a priori assumptions about the compatibility of these two forms of representation. The second one is that, in some regards, this representative system is somewhat of a readjustment of the initial forms of political participation through elected representatives under the present circumstances, for the reason that its underlying principles are partially in contrast to today's top trending characteristics of contemporary Western democracies, but similar to nascent modern democracies' characteristics. Therefore, it requires us to call into question a priori assumptions that this representative system is absolutely innovative, or even a real novelty

THE EXTREMIST ORGANISATION'S POTENTIAL IN ADDRESSING TEENAGERS IN CZECH REPUBLIC Theses MIROSLAVA PAPAJIKOVÁ Abstract This paper is engaged in teenagers and their attitude towards the extremist organisation. The author sums up basic connotations of terms used in connection with the extremism. She acquaints readers with the best known extremist organisation in Czech republic and their methods how to address other people, namely teenagers. However, the text is focused especially on the real situation and that s why it contains an empirical part dedicated to research, where she submits and evaluates the dates obtained from questionnaires. The aim of this text is an analyse of the attitude of teenagers (without the right to vote) to the extremist organisation and vice versa the attitude of this organisation to the teenagers. The hypothesis is based on the notion that teenagers join the extremist organisation because of their dissatisfaction with the political situation and even as the absence of the right to vote.

This thesis concerns persons recognised as refugees based on the criteria set by Article 1A(2) of the 1951 Geneva Convention Relating to the Status of Refugees (CSR1951) and residing in a Contracting State. It appraises the exclusion of CSR1951 refugees from participation in elections of their countries of asylum pursuant to a citizenship voting qualification, which most countries set. It is emphasised that, since neither the CSR1951 refugees nor their country of asylum know when or indeed whether cessation of CSR1951 refugee status may occur, their exclusion may last for an indeterminate period of time. CSR1951 confers on recognised refugees a host of civil, social and economic rights in their country of asylum; voting rights are absent. Concomitantly, while the International Covenant on Civil and Political Rights (and regional human rights treaties) pronounce that all persons are entitled to have their rights respected, protected and promoted, Contracting States are permitted to reserve two rights for their (full) members: the right to enter and remain in their country, and the right to vote in its elections. The central claim of this thesis is that recognised CSR1951 refugees are a special category of non-citizen residents, due to their unique political predicament. They are unable to participate in elections of their country of origin, do not enjoy its diplomatic protection and consular assistance abroad, and – most fundamentally – are unable or unwilling, owing to a well-founded fear of persecution, to return to it for an indeterminate (and potentially protracted) period. It is submitted that recognised CSR1951 refugees should be entitled to vote in elections of their countries of asylum, notwithstanding general citizenship qualifications imposed by these countries. At present, treaty law does not require countries of asylum to enfranchise their recognised CSR1951 refugees. Hence, this thesis explores a gap in international refugee law and international human rights law between de lege lata and de lege ferenda; it is an exercise in ‘progressive development of the law’. Its inquiry is located in the international domain, and concerns, in principle, any Contracting State which admits and recognises CSR1951 refugees. References to national or regional practices serve solely an illustrative purpose.

Made available in DSpace on 2016-04-26T20:23:54Z (GMT). No. of bitstreams: 1 Lucas Gieron Fonseca e Silva.pdf: 993896 bytes, checksum: f42b179fb78c4fc8a9879e2e3bd9deb7 (MD5) Previous issue date: 2015-09-21 / The right to vote is, in the Brazilian legal system, the main instrument of popular sovereignty and constitutional democracy. It is through this right that citizens express their opinion in a decision-making process. However, in order to the vote configure effectively a right, certain assumptions must be observed: obedience to popular sovereignty and a constitutional democracy. Not enough, the Constitution should provide - and ensure - that the vote has all its necessary elements, as the universality, immediacy, equality and secrecy. So, at first it will be analyzed the conditions for the development of the right to vote. Two distinct concepts of popular sovereignty will be presented, so we can build a current concept of it. Still, possible concepts of democracy will be analyzed, and especially of constitutional democracy. The second phase, will be dedicated to the study of conformation of the vote as a fundamental political right and its essential elements. Thus, it will be shown that vote, in the Brazilian legal system, is an instrument of popular sovereignty and, at the same time, fundamental right. With respect to its essential elements, the goal is to demonstrate that the Federal Constitution provides them (universality, immediacy, equality and secrecy) and at the same time, sets impediments to legislator, which should always act to prestigiate them / O direito ao voto é, no ordenamento jurídico brasileiro, o principal instrumento da soberania popular e democracia constitucional. É através deste que os cidadãos manifestam sua opinião em um processo decisório. Contudo, para que o voto configure, efetivamente, um direito, algumas premissas devem ser observadas: a previsão de obediência à soberania popular e a constitucionalização da democracia. Não bastante, a Constituição deve prever e assegurar que o voto possua todos os seus elementos necessários, ou seja, universalidade, imediaticidade, igualdade e o sigilo. Assim, em um primeiro momento serão analisadas os pressupostos para o desenvolvimento do direito ao voto. Serão apresentados dois conceitos distintos de soberania popular, para que possamos construir um conceito atual desta. Ainda, serão analisados os possíveis conceitos de democracia e, especialmente, da democracia constitucional. Em um segundo momento, dedicar-se-á ao estudo da conformação do voto enquanto um direito político fundamental e de seus elementos essenciais. Assim, será demonstrado que o voto, no ordenamento jurídico brasileiro, é instrumento da soberania popular e, ao mesmo tempo, direito fundamental. Com relação aos seus elementos essenciais, o objetivo é demonstrar que a Constituição Federal prevê todos (universalidade, imediaticidade, igualdade e sigilo) e, ao mesmo tempo, configura verdadeiros impedimentos ao legislador constituído, que deverá, sempre, atuar no sentido de prestigiá-los