Protection Of Political Rights Research Articles

Analysis of the Influence of Freedom of Expression, Access to Information, and Political Participation on the Protection of Political Rights

This research investigates the intricate interplay between freedom of expression, access to information, political participation, and the protection of political rights in Indonesia through a quantitative analysis. A sample of 1500 respondents from diverse demographics was surveyed, and the data were subjected to confirmatory factor analysis and structural equation modeling. The findings reveal strong positive relationships between freedom of expression, access to information, political participation, and the protection of political rights. The measurement model demonstrated robust psychometric properties, and discriminant validity was confirmed. While the model fit was acceptable, ongoing refinement is suggested. The R-Square value indicates that approximately 60.2% of the variance in the protection of political rights can be explained by the selected variables. The study contributes to the understanding of democratic governance in Indonesia, emphasizing the pivotal role of information, expression, and civic engagement in safeguarding political rights.

Election Commissions in the Mechanism of Protection of Political Competition in the Russian Federation

The paper analyzes the status of election commissions as safeguards of ensuring and protecting political competition in the Russian Federation. Political competition is considered in the context of elections as a mechanism for implementing constitutional principles of alternation of power and ensuring political rights of participants in electoral relations. The paper describes a specific place of election commissions (primarily, the Central Election Commission of the Russian Federation — CEC) in the political system, which determines their potential in protecting political competition. The key characteristics of election commissions due to which they can protect political competition involve their remoteness from the political market, lack of interest in the results of competition, and impartiality and independence in making decisions involving public power. The leading role of the CEC of the Russian Federation in protection of political competition is determined taking into account its status as the agency heading the system of election commissions in Russia, as well as taking into account the fixed scope of powers in relation to participants of the electoral process. The author determines some problems limiting the potential of election commissions in protecting political competition. These include, in particular, issues of election commissions formation, problems of ensuring their independence, insufficient powers to regulate electoral relations, etc. It is concluded that it is impossible to increase transparency and competitiveness of the political system without comprehensive institutionalization of election commissions at all levels of public authority. This implies expanding capabilities of election commissions to regulate the political market and implementation of guarantees of their independence. At the same time, it is noted that protection of political competition, despite a significant role of election commissions in political competition, cannot be reduced exclusively to their activities, since it also requires an adequate level of judicial protection of political rights and strengthening public control over electoral procedures.

Protection of Political Rights in Surabaya Regional Head Elections 2020 during the COVID 19 Pandemic

The state must be responsible for fulfilling the political rights of every citizen. Political rights are one of the human rights that cannot be reduced by the state. Even though Indonesia is currently experiencing the Covid 19 Pandemic, the Government decided to hold simultaneous local elections due to various considerations. As for some of these considerations is the need for legal certainty of the election of new public officials because the previous period is up, the Covid 19 pandemic is not known when it will end, the strategic policies of the government must still be taken and implemented, and the main thing is to fulfill the political rights of Indonesian citizens who are a democracy based on the law. Therefore, it is considered necessary to explore how the country fulfills the political rights of the citizens of Surabaya during the Pandemic at the Simultaneously Regional Head Elections 2020. This study is conducted with empirical normative where researchers will examine every rule relevant to this theme and empirically review the implementation of government rules and policies in the fulfillment of people's political rights at the 2020 Regional Elections and the obstacles faced in the fulfillment process.

Legal Protection of Political Rights of Persons with Disabilities to be Elected as Candidates for Members of the House of Representatives in General Elections: A Comparative Study between Kenya and Indonesia

In this article, the researchers examine the legal protection of the political rights of persons with disabilities to become members of the House of Representatives in Kenya and Indonesia using a statute approach and a comparative law approach. This study aims to find a good and responsive form of legal protection to fulfil and enforce the political rights of persons with disabilities to be elected as candidates for members of the House of Representatives by comparing the Constitution and the General Election Law in force in Kenya and Indonesia. The statutory regulations as the objects of this study are the Constitution of Kenya of 2010, the Election Act of Kenya No. 24 of 2011, the 1945 Constitution of the Republic of Indonesia, and the Law of Republic of Indonesia No. 7 of 2017 about the General Election. This comparison allows the researchers to implement a legal construction of the Law of the Republic of Indonesia No. 7 of 2017 on the General Election. This can provide legal certainty and justice for the fulfilment and enforcement of political rights for persons with disabilities to be elected as candidates for members of the Indonesian Parliament or the House of Representatives (Provincial or Regional/City) in a democratic and just General Election.

INTERIM MEASURES REQUESTED BEFORE INTERNATIONAL COURTS AND INTERNATIONAL QUASI-JUDICIAL BODIES IN THE PROTECTION OF HUMAN RIGHTS: DO THEY ALSO PROTECT THE RIGHT TO PARTICIPATE IN PUBLIC AFFAIRS?

The adoption of precautionary measures by international courts and the indications regarding their adoption by quasi-judicial bodies in the protection of human rights have been a fundamental element in guaranteeing effective judicial protection of individual rights recognized in International Human Rights Treaties. However, the exceptional and urgent character of these measures, the indeterminacy of the requirements for their adoption, and the discussions on their legal nature have raised a number of problems in practice. These issues are being resolved on the basis of the case law originating from these courts and bodies, which will inevitably lead to the existence of certain particularities with respect to the solutions offered according to the given system of human rights protection. In fact, one of these particularities concerns the material scope of protection. The present contribution focuses on the adoption of precautionary measures in the protection of political rights, particularly with regard to the right to take part in the conduct of public affairs, on which the various international human rights protection systems have unique positions.

Judicial Governance in Private Law through the Application of Fundamental Rights

Through the acknowledgment and balancing of the conflicting fundamental rights at stake in a private litigation, the courts ‘govern’ societal relationships. This judicial governance complements and adjusts the governance of the concerned societal relationships that takes place at the legislative level. This paper discusses a number of societal governance policies pursued, consciously or inconsciously, by national courts while deciding on private relationships through the application of fundamental rights. Thereby it considers casesdecided by courts in Germany, England, France, Italy, the Netherlands, Poland, Portugal,Sweden and Spain. One may observe six major policy trends underlying these decisions: (1)the fight against discrimination, (2) the protection of weaker parties in contract cases, (3) the increasing valorisation of non-economic interests in tort cases, (4) the protection of privacy from intrusions by media, (5) the protection of political rights in privately owned public spaces, and (6) environmental protection in property cases.

新生代农民工的政治行为方式及其影响因素的实证研究

通过对在3省11个城市工作的847名新生代农民工的政治行为方式进行调查，考察新生代农民工的政治行为方式特点及其影响因素。研究结果显示：新生代农民工的政治行为表现普遍消极，在政治表达、政治维权、政治选举上参与度低；文化程度、政治面貌和月收入对新生代农民工的政治行为方式有显著影响，在城市工作时间越长的新生代农民工，其参与政治选举的积极性越高；女性参与政治选举的比例显著低于男性。 We surveyed a total of 847 new generation migrant workers (NGMW) from 11 cities spanning 3 provinces, and examined their political behaviors and its influencing factors. The results showed the negativity on the political behaviors of the new generation migrant workers, manifesting low level in the dimensions of political expression, protection of political rights, and participation in political election. Education degree, political affiliation, and monthly income were significant pre-dictors of the new generation migrant workers’ political behaviors. Duration of living in a city and gender also played a role in the variance of the political behaviors of the new generation migrant workers: longer duration increases participation in political election and females show lower level of participation than males.

Граждане в защите своих прав: мотивы и возможности

The article, on the basis of the sociological survey results, deals with the attitude of Russians to the possibility of their rights and freedoms protection. The main attention is paid to how the willingness of Russians to protect their rights is related to their perceptions of a just society and the real possibilities of their participation in social and political activities. It is shown that the willingness of different social groups to actively protect their rights is caused by a specific set of factors, motivations and opportunities for a civic participation. Youth, citizens of working age and with higher education, as well as citizens identify themselves to a higher social class, are ready to actively defend their rights. However, worsening of socio-economic conditions and narrowing of institutional possibilities to solve existing problems can lead to activation of citizens in their struggle for the rights at any territorial community, region, social group or field of activity. It is concluded that the protection of socio-economic rights is more important for the Russians than the protection of political rights. Certainly, civic activity is an important factor in ensuring social and political stability, reducing risk of radicalization in public sentiments and growth of offenses.

On the Equal and Substantial Protection of Political Rights for People with Disabilities: Infringement of Right to Equality for Severely Disabled Candidates Running for Public Office(2006Hun-Ma626(Feb. 26, 2009))

On the Equal and Substantial Protection of Political Rights for People with Disabilities: Infringement of Right to Equality for Severely Disabled Candidates Running for Public Office(2006Hun-Ma626(Feb. 26, 2009))

Los Derechos Humanos ante las amenazas de las democracias delegativas. Una aproximación a los casos de Venezuela, Nicaragua y Ecuador

El estudio explica la importancia que ha tenido, en los procesos de transición democrática, la constitucionalización de los derechos humanos consagrados en la Convención Americana, conocida como “Pacto de San José”. Nuestro análisis destaca, que los países de Venezuela, Nicaragua y Ecuador, en su proceso de consolidación democrática establecen, en su ley fundamental, la protección de los derechos políticos que aseguran la participación de las personas en la construcción del nuevo Estado. Se efectúa además, un recorrido doctrinal sobre los conceptos y las tipologías de democracias. Se analizan los riesgos de las democracias delegativas, en los países de Venezuela, Nicaragua y Ecuador, así como la necesidad de incrementar los niveles de institucionalidad democrática para la correcta garantía y aplicación de los Derechos Fundamentales consagrados en sus constituciones.

Punishment and the Revocation of Citizenship in the United Kingdom, United States, and Israel

The article examines the ways in which three common law countries—the United Kingdom, the United States, and Israel—have introduced new rules for the revocation of citizenship that diverge from the traditional common law model. The main thrust of the article is to demonstrate how these new regulations are based on three distinct models of citizenship: citizenship as security, citizenship as a social contract, and citizenship as an ethnonational bond. Instead of critically evaluating each model, the article offers a fourth model for revocation based on the civic notion of citizenship. This model offers a new formulation of the traditional common law duty of allegiance, of its breach, and of the revocation of citizenship as punishment. The article will conclude with the suggestion that this model may be able simultaneously to guarantee the protection of political rights and to safeguard the political community.

The relevance of law in human rights protection

Relatively little empirical research on the protection of human rights considers the significance of legal rules and institutions. This article examines the effects of legal institutions on the general protection of political rights and on the protection of one discrete right—freedom from unreasonable search and seizure. A cross-sectional analysis reveals that legal institutions, and in particular judicial independence, are significant in protecting human rights. The significance remains even when extralegal variables, such as wealth, are considered. The presence of an explicit constitutional protection against unreasonable search and seizure does not have an independently significant effect on human rights but does affect the manner in which rights are protected.

Injunctive Protection of Political Rights in the Federal Courts

Injunctive Protection of Political Rights in the Federal Courts

Equity. Protection of Political Rights. Federal Court Held without Jurisdiction to Grant Injunction to Prevent Fraudulent Use of Poll Tax Receipts

Equity. Protection of Political Rights. Federal Court Held without Jurisdiction to Grant Injunction to Prevent Fraudulent Use of Poll Tax Receipts

Equitable Protection of Political Rights

Equitable Protection of Political Rights