In the face of the importance of the immigrant for the development of a sustainable society, considering the diversity of its dimensions and the Brazilian s commitment in supply its people need; it is justified the necessity to analyze politically and juridically the immigrant political rights in the country. Considering its multicultural formation and the democratic nature defended, the development of a politic guided by the intercultural relations, aiming to the development of a plural society is crucial. The plurality requires all the citizens participation in the decision processes. That is why this study has searched to analyze the state of art of the immigrant political rights in the country, specifically in relation to the suffrage, exercise that concretize the citizenship, the popular sovereignty. The Brazilian positioning about the immigrant vote prerogative was questioned, as well as the contribution of the legislation of the other countries from Latin America for the development of an adequate legislation. A dialectical approach was chosen, due to the study from the contradictions and the antagonism of the system for the formal recognition of the right to vote. The analysis and the documents interpretation and data follows the qualitative model, on account of the psychosocial explanatory focus, for the context comprehension. The data were obtained through bibliographic research of the migration profiles, Federal Constitutions and migratory legislation of the countries involved; but, for this purpose, with the technical supply of summaries, reviews, annotations. The analysis was presented in two chapters: the construction of the political participation of the immigrant in Brazil and about the recognition of the political rights of the immigrant in Latin America . In the first chapter there was the scope to expose the theoretical substantiation that allows to recognize and comprehend the complexity that settles the immigrant in the field of the sociobiodiversidade rights, as well as the rights deprivation which the country is exposed. In the second, it was presented models developed in the other Latin America countries. It was noticed that Brazil is about to institute a new political mark in immigration represented by PL288/2013, sent to Cãmara de Deputados (PL 2516/2015). However, this still copy the state power concentration, being omissive about the immigrant vote, about the Human Right to Immigrate. Not many countries in Latin America have developed their perception about the human rights comprehension beyond the homogeneity and the democracy as plurality. Between the analysed countries, the Argentinian and Bolivian model are closer to the ideal project. It is expected that the exposure may contribute for a new political migratory mark indeed effective. / Em face da relevância do sujeito imigrante para o desenvolvimento de uma sociedade sustentável, considerando a pluralidade de suas dimensões e ao compromisso do Brasil em suprir as demandas do seu povo; justifica-se a necessidade de analisar política e juridicamente os direitos políticos do imigrante no país. Considerando sua composição multicultural e o caráter democrático defendido, o desenvolvimento de uma política pautada na interculturalidade das relações, visando à construção de uma sociedade plural é imprescindível. A pluralidade exige a participação de todos os cidadãos nos processos decisórios. Por isso, esse estudo buscou analisar o estado da arte dos direitos políticos do imigrante no país, especificamente com relação ao sufrágio, exercício que concretiza a cidadania, a soberania popular. Questionou-se a postura do Brasil frente à prerrogativa do voto do imigrante, bem como a contribuição das legislações dos demais países da América Latina para o desenvolvimento de uma legislação adequada. Optou-se por uma abordagem dialética, haja vista o estudo partir das contradições e antagonismos do próprio sistema para o reconhecimento formal do direito ao voto. A análise e a interpretação dos documentos e dados seguem o modelo qualitativo, devido à relevância do enfoque psicossocial, interpretativo, para a compreensão do contexto. Os dados foram obtidos por meio de pesquisa bibliográfica de perfis migratórios, Constituições Federais e legislações migratórias dos países envolvidos; contando, para tanto, com o apoio técnico de resumos, resenhas, fichamentos. A análise foi apresentada em dois capítulos: a construção da participação política do imigrante no Brasil e sobre o reconhecimento dos direitos políticos do imigrante na América Latina . No primeiro capítulo houve o escopo de expor a fundamentação teórica que permite reconhecer e compreender a complexidade que encerra o imigrante no âmbito dos direitos da sociobiodiversidade, bem como a privação de direitos a qual está sujeito no país. No segundo, foram apresentados os modelos desenvolvidos nos demais países da América Latina. Percebeu-se que o Brasil está prestes a instituir um novo marco político em matéria de imigração representado pelo PL288/2013, atualmente em trâmite na Câmara dos Deputados (PL 2516/2015). Todavia, este ainda reproduz a concentração do poder Estatal, sendo omisso quanto ao sufrágio do imigrante, quanto ao Direito Humano de Imigrar. Poucos países na América Latina evoluíram sua percepção quanto à compreensão dos direitos humanos além da homogeneidade e da democracia como pluralidade. Dentre os países analisados, os modelos argentino e boliviano mais se aproximaram do projeto ideal. Espera-se com o exposto contribuir para a construção de um novo marco político migratório de fato eficaz.

Este artigo objetiva identificar os efeitos da desigualdade econômica no exercício de direitos políticos da cidadania. Este é um estudo observacional que articula dois conjuntos de literatura que parecem evoluir seus debates em espaços desconectados: a teoria da cidadania, a partir da dimensão de cidadania como titularidade de direitos políticos, e o estudo do financiamento eleitoral, especialmente a partir de sua dimensão de doações privadas. São identificados e organizados os efeitos da variável econômica no sistema político, partidário e eleitoral, associando-os aos efeitos sobre o nível individual dos direitos cidadãos. A partir da definição basilar de direitos políticos como direitos de votar e ser votado, sintetizam-se os efeitos em, respectivamente: desproporcionalidade na representação de interesses e distorção na competição dos candidatos. Doações privadas vultosas aparecem como mecanismos com duplo efeito ao distorcerem ambos os direitos. O contexto brasileiro é ilustrado a partir de dados de financiamento eleitoral de 2014, os quais corroboram os argumentos delineados na literatura. A legislação brasileira alterada em 2015 inclui proibição de doações empresariais e limites aos gastos eleitorais, e parece caminhar no sentido de controlar distorções identificadas. Contudo, a avaliação dos efeitos da mudança carece de tempo e de ocorrência de pleito sob as novas regras. / This study aims to identity the effects of economic inequality in the exercise of political rights of citizenship. This is an observational study that articulates twos sets of literature which seem to evolve their debates on disconnected spaces: the theory of citizenship, from the dimension of citizenship as rights, and the study of electoral finance, specifically from its dimension of private donations. We identity and organize the effects of the economic variable on the political, party, and electoral system, in order to associate them with the effects on the individual level of citizen entitlements. From the definition of political rights as the right to vote and be voted, the effects are synthetized in, respectively: disproportionate representation of interests and distortion of candidate competition. Bulky sums of private donations stand out for their potential double effect, considering they distort both rights. The Brazilian context is illustrated from legislation and data of 2014 electoral finance, which corroborates the arguments previously identified through the literature. The Brazilian legislation, that has been altered in 2015, now incorporates the prohibition on corporate donations and limits on spending and donations, and for that matter, it seems to walk in the direction of controlling such distortions. However, an evaluation of the effects of this change still needs time and the occurrence of elections by this law.

No abstract available. / Dissertation (LLM)--University of Pretoria, 2013. / Public Law / unrestricted

M.Ed. / The purpose of this study is to determine whether the question of human rights education has been attended to by schools, and particularly then the following aspects: citizens' rights and political rights. In this study the researcher endeavoured to shed some light on the uncertainty surrounding the education of human rights, in particular citizens' and political rights. The answers to the following questions had to be determined: * why is it important for children to know about these aspects of human rights I why would it seem to be a priority? * are pupils presently being informed about the above mentioned aspects of human rights? * if the answer to the above mentioned question is yes, it leads to the following: to what extend are they being informed? * if it should appear that there are indeed shortcomings in the education programmes in this regard, how severe are they? * what levels of research remains after the completion of this particular study? The literature study involves theoretical descriptions of certain concepts, such as: human rights, the development of a declaration of human rights, the importance of this issue, the legal position of a bill of rights as stipulated in the constitution of a country; the implications of the absence of a bill of rights in the constitutional law of a country. Furthermore certain facets of citizens' and political rights were prominent in this research study: the right to vote; the right to obtain a passport; the right to be allowed back in the country after overseas visits; the right not te be banned; the right not to be intimidated and the right to free participation in the activities of any political party. Validity of the empirical component of the investigation were ascertained by presenting the content thereof to experts in the field, for their approval. Multi-variate Analyses (MANOVA and HOTELLING T-SQUARE) as well as Single variate Analyses (ANOVA, Student T-test, Scheffe test) were used in the statistical analyses of the data. Hypotheses on gender, professional capacity, age, home and tutor language mediums~ religious stance, frequency of obtaining media news through television, newspaper and radio, teachers' experience, subject involvement, and pupil's dependancy position were set. THE MOST IMPORTANT FINDINGS: * at present there exists a definite gap in education programmes as far as human rights' issues are concerned; * specific respondents, grouped according to biographical data, (especially such as difference in home language, age, religion and years of experience) indicate only a slight difference in perceptions regarding pupils' knowledge of the facets of citizens' and political rights, * pupils are well informed about certain facets of the above mentioned rights, but quite poorly informed about some very important facets.

This essay discusses how the new theoretical framework of “new” authoritarianism can explain the civil and political rights abuses in Venezuela since Nicolás Maduro became Present in 2013 until today. The presidency of Maduro has evoked international attention about the increasing authoritarian climate. His pursuit of increasing control and power has resulted in serious violations of people’s civil and political rights. New authoritarianism has four factors that have been applied on the case study of Venezuela’s civil and political rights violations. The factors’ indicators have specifically explained new authoritarianism’s relationship to the case of Venezuela. The use of law in other governmental powers, the military’s social control and use of force, the opposition’s resistance, the limitations on organizations, the discrimination of media and finally a discriminated public labor force explain the civil and political rights violations in Venezuela between 2013 and 2019.

"For a long time patriarchial African societies have denied women their rightful place in public life. There are certain cultural practices within these patriarchal societies, which impede the realisation of the human rights of women. Such cultural practices have impacted on the division of power and perpetuated the stereotypical roles of women within those societies. The diminshed status of women in public life does not accord with universal human rights norms and standards. The fact that Swaziland has not ratified the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) makes it difficult for women to vindicate their rights within the United Nations (UN) structures. The right to participate in public affairs is recognised and enshrined as a fundamental human right in both universal and regional human rights instruments. The exercise of this right ensures that citizens, both men and women, have a say in the affairs of the government of their respective countries. The scope of this right includes the right to vote and to be elected at genuine periodic elections, which shall be by universal and equal suffrage held by secret ballot, guaranteeing the free expression of the will of the electors. The deeply patriarchal nature of the two kingdoms presupposes that social, legal and political power is mainly vested in men. With the exception of royal women, "commoner" women are often given inferior roles or none at all in public life. The number of women holding positions in public life in both kingdoms suggests that there is an inherent anomaly in the division of power. ... Chapter two of this study examines the legal and institutional framework regulating the right to participate in public affairs at international and regional level. It does so by identifying the international and regional human rights instrumetns governing the exercise of this rights. The chapter focuses on the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the African Charter on Human and Peoples' Rights (ACHPR) and the Protocol to the African Charter on the Rights of Women. It also discusses the role of the treaty bodies established under the ICCPR and CEDAW as well as the African Commission on Human and Peoples' Rights. The third chapter examines the provisions of the national constitutions of Uganda and Swaziland, governing the right to participate in public affairs and the enforcement mechanisms created under those constitutions. It also analyses the political set-up in Buganda and Swazi kingdoms including the traditional set-up in Swaziland. Chapter four starts by defining culture and then goes on to explore the debate over the universality of human rights and cultural relativism. Beyond this debate, the chapter proposes a way for finding a common ground between the two theories. It then turns on to focus on cultures and traditional practices impacting on the rights of women to participate in public affairs in the two kingdoms. Chapter five gives a brief exposition of the role of roqyl women in both kingdoms. Here emphasis is on the roles of the queen mothers in both kingdoms, the role of the queen sister in Buganda and the princess of the country in Swazilnad. Finally, chapter six presents the conclusion of the study. This chapter also advances recommendations, which may be useful in assisting other traditional African societies in the full realisation of the right." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"Issues of gender have always, and continue to, inhibit women from access to public office. With the increase of gender mainstreaming and struggle for equality, the internntional community has become increasingly aware of the absence of women in politics. The aims of this dissertation is not only, however, to be conscious of women's absence in politics, but to also take steps to redefine sound strategies to implement gender equality in terms of the political participation of women on the part of governments. This dissertation will focus on the place accorded to South African women in relation to the consolidation of a fairly new democracy, compared and contrasted to the struggle of their Cameroonian counterparts within the context of a much older democracy. Moreover, ratified conventional instruments as well as domestic constitutional dispositions currently in force in Cameroon dictate gender equality, thus calling for the implementation of special measures to enhance the participation of women. Yet, there have been no serious efforts on the part of Cameroon to revise or abrogate numerous coexisting discriminatory provisions and practices that perpetrate systematic discrimination against women in various ways within existing institutions. ... Chapter one sets out the scope of the study through the identification of the research problem and outlines the chosen methodology. This chapter also states the aims and objectives of the paper as well as its limitations. Chapter two considers the international and regional provisions governing women's rights. The main aim of this chapter is to recoup dispositions in human rights instruments with specific reference to gender equality and the participation of women in public life. Chapter three gives a historical backdrop of the participation of women in politics in both countries and sets out the domestic and constitutional provisions that relate to the status of women in politics in both Cameroon and South Africa. It also contains case studies to elucidate the particular challenges faced by women in these two countries. Chapter four analyses the extent to which Cameroon and South Africa have complied with international, regional as well as national human rights standards pertaining to women's political participation rights. The final chapter will contain conclusions and recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Dr. Letitia van der Poll, Faculty of Law of the University of the Western Cape, South Africa / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"In 2001 after the 2000 election in Zanzibar, the Civic United Front (CUF) began planning a series of peaceful demonstrations to protest alleged fraud in the October 2000 presidential elections, calling for a rerun of the elections and constitutional reforms. The CUF notified the police of their intended routes, both the government officials and police immediately responded and announced that the demonstrations were banned. Police were ordered to use all force necessary to break up the demonstrations. The Tanzanian prime minister was recorded as stating that force would be used to break up the demonstration. According to him, "government has prepared itself in every way to confront whatever occurs ... any provocation will be met with all due forces of the state". CUF demonstrations, which were widely supported, took place on 27 January 2001 and as the unarmed demonstrators walked peacefully toward the four designated meeting grounds, security forces intercepted and opened fire without warning. They attacked the civilians, [and]ordered them to disperse [under] firing and beating. ... All these events occurred in the face of the fact that the Constitution of the United Republic of Tanzania (CURT) provides for freedom of assembly. The requirement of permits has been removed and section 40 of the Police Force Ordinance and 11(1) of the Political Parties Act were declared void on grounds that the requirement for a permit to hold an assembly infringed the freedom of peaceful assembly and procession enshrined in article 20(2) of the CURT. However the government limits these rights in practice, police have authority to deny permission to hold an assembly on public safety and security grounds. The relevant provision is section 41 of the Police Force Ordinance which permits any police officer to stop the holding of any assembly. The situation has not improved for opposition parties seeking to hold assemblies because of the way the police apply section 41. Rather than invoking this provision only in extraordinary situations as required, the police, once served with a notice of a planned meeting, issued prohibition orders claiming that they had information that the meeting was likely to cause chaos, but without giving evidence. ... These restrictions on the right to freedom of assembly and the excessive use of force by police officials as depicted in the above recounted incident and others of its kind, violate numerous provisions of international legal istruments to which Tanzania is a party. The Universal Declaration of Human Rights (UDHR) guarantees for the right to freedom of peaceful assembly and association, as does the International Covenant on Civil and Political Rights (ICCPR). The African Charter limits the right to assemble subject to necessary restrictions provided by law, in particular those enacted in the interest of national security and the safety, health, ethics and the rights to freedoms of other. But the African Commission has interpreted these claw back clauses to mean that the limitations must be in accordance with international law and thus the standards developed under the ICCPR, especially, would be relevant in determining when the rights to assemble may be limited. The exercise here is to examine the nature of the Tanzanian laws on the right to peaceful assembly and demonstration in the light of police practice having regards to the nature of the right as guaranteed under international human rights instruments." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Prof. K. Quashigah at the Faculty of Law, University of Ghana / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"The writing of constitutions in Africa in the 1990s seems to have become fashionable after years of political wilderness following decades of one-party rule, military dictatorships and no-party regimes. African states engaged in the process of crafting new and democratic constitutions in search of democratic and legitimate governance based on the free will of the peoples, and to foster democratic traditions. Transition to democracy is a sacred undertaking, the challenge of which is to develop constitutional and institutional mechanisms in the hope of building viable and durable democratic values and practices that would guarantee political stability, peaceful and orderly change of government, the rule of law and the complete respect for human rights. Constitution-making must be seen as a means of bringing peace and creating a stable and prosperous African continent where the people take charge of the governance and their political and economic destiny in complete freedom. This study inquires into the extent to which this goal has been achieved, with particular reference to Swaziland and Uganda. Swaziland is the only absolute monarchy in the Southern Africa region after Lesotho adopted a democratic constitution in 1993, with the King becoming a constitutional monarch. Uganda has been operating under the Movement Political System (MPS) that, until recently, did not allow free political activity. ... The study is divided into five chapters. Chapter 1 focuses on the circumstances (context) and gives an overview of the organizational structure. Chapter 2 deals with the concepts and basic principles of constitutionalism, democracy, and human rights. Chapter 3 scrutinises the legislative mechanisms that set the process in motion and how the constiutional mandate was executed. The chapter considers the effect of the enabling legislation on ratification and implementation of the rights enshrined in the African Charter. It also looks at the role of civil society in influencing the process. To a limited extent, a comparative case study of other processes in Africa, especially the South African and Zambian experiences, is made. Chapter 4 is a discussion of human rights instruments providing for the right to participate; article 13 of the African Charter, article 25 of the International Covenant on Civil and Political Rights (ICCPR) as well as article 21 of the Universal Declaration of Human Rights (UNDHR). A discussion of the content and meaning of the right to participate in international law is made, focusing on the jurisprudence of the African Commission on Human and Peoples' Rights, as well as the jurisprudence of the Human Rights Committee (HRC). Chapter 5 is conclusions and recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Peace and Human Rights Centre, Makerere University, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

This research aims to answer the question whether Ethiopia has adopted adequate measures to realize the right to housing. This dissertation will be informative to many Ethiopians about their right to housing vis-à-vis the duty of the government and the measures it has taken. It can also serve as an incentive for the government to take adequate steps to realize the right to housing thereby influencing policy-making. Further, the research will bridge the gap in the existing literature on the subject. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Atangcho Nji Akonumbo of the Catholic University of Central Africa, Yaoundé, Cameroon. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM