Human Rights and Democracy

The terror, persecution, kidnapping, disappearance and desperate search for members of the Jewish community during the last civil-military dictatorship in Argentina (1976-1983) set the context for this article. It analyses the activities carried out by a small group of Jews aimed at denouncing anti-Semitism and human rights violations committed by the dictatorship, including the liberation of the victims or the investigation of their fate. These actions led, towards the end of the period under study, to the formation of the Jewish Movement for Human Rights. After outlining the main characteristics of a social movement, the paper explores those that correspond to the Jewish Movement for Human Rights: the background of its members, the first conversations, the actions taken to confront the dictatorship and its constitution. It includes the conflicts unleashed not only against the dictatorial regime, but also-and particularly-within the Jewish community. The article culminates with a description of the circumstances that determined its progressive decline until its end, well into democratic times.

This study examines the European Union's (EU) power through the theoretical framework of realism and liberalism, with focus on its external engagements and global influence. Realism emphasizes state-centricity and power dynamics, highlighting that state's standing is determined by economic and military capabilities. However, realist scholars struggle to explain the role of the EU in the international system due to its complex, non-state nature. Liberalism, on the other hand, emphasizes cooperation, interdependence, and the spread of norms and values. The EU's normative power is evident in its global promotion of democracy, human rights, and the rule of law. However, challenges persist, such as inconsistencies in foreign policy and the EU's use of hard power, like economic sanctions and military operations. The EU's response to crises, such as the migration crisis and climate change, reveals a subtle approach that balances normative and hard power elements. While it is true that normative influence of EU as a supranational organization remains significant, contributing to the shaping of international norms and values, this work argues that its economic and military capabilities often overshadow its normative efforts.

O ciberespaço contemporâneo é formado por fenômenos cada vez mais complexos, alguns dos quais violam direitos fundamentais. Em que pese a existência de normas que tutelam os direitos dos cidadãos nas redes virtuais, a ocorrência de situações que desrespeitam garantias fundamentais por parte dos usuários e das plataformas digitais fragiliza a efetividade dessas legislações, as quais tampouco são suficientes para endereçar todos os processos que tomaram forma no espaço público digital. Nesse contexto, é possível pensar a regulação das plataformas digitais a partir de fenômenos que violam direitos fundamentais? A pesquisa objetiva entender de que forma a regulação das plataformas digitais pode endereçar fenômenos que ocorrem on-line e que acabam violando direitos fundamentais, com atenção especial aos discursos de ódio, à desinformação, à proteção de dados pessoais e ao direcionamento de conteúdo por algoritmos. Para tanto, utiliza-se de uma abordagem dialética para sintetizar esse contexto em reflexões sobre a regulação das plataformas digitais, o que é feito através de procedimento monográfico e tipológico e de técnicas de pesquisa bibliográfica e documental. Ao final, concluiu-se que algumas ações e diretrizes são essenciais para pensar uma regulação das plataformas, como a garantia de um procedimento democrático com participação social, a transparência por parte das plataformas sobre como atuam em relação aos fenômenos mencionados, a uniformização legislativa e jurisprudencial quanto a temáticas como discursos de ódio e desinformação, e medidas de responsabilização que garantam a primazia dos direitos fundamentais em relação aos interesses econômicos.

The contemporary cyberspace is formed by increasingly complex phenomena, some of which violate fundamental rights. Despite the existence of norms that protect the rights of citizens in virtual networks, the occurrence of situations that disrespect fundamental guarantees by usersand digital platforms weakens the effectiveness of these laws, which are not enough to address all the processes that have taken shape in the digital public space. In this context, is it possible to think about the regulation of digital platforms based on phenomena that violate fundamental rights? The research aims to understand how the regulation of digital platforms can address phenomena that occur online and end up violating fundamental rights, with special attention to hate speech, disinformation, protection of personal data, and the targeting of content by algorithms. To this end, a dialectical approach is used to synthesize this context in reflections on the regulation of digital platforms, which is done through a monographic and typological procedure and bibliographic and documentary research techniques. At the end, it was concluded that some actions and guidelines are essential to think about a regulation of platforms, such as the guarantee of a democratic procedure with social participation, transparency on the part of platforms about how they act in relation to the mentioned phenomena, the legislative and jurisprudential standardization regarding themes like hate speech and disinformation, and accountability measures that ensure the primacy of fundamental rights over economic interests.

Pluralismo da Imprensa Uma visão antiga sobre um assunto atual. "Jornalismo versus Privacidade" de Deni Elliot é um livro relativamente antigo e ultrapassado mas que acredito que aborda um conceito muito atual. Se fizermos um pequeno esforço para o relacionar com nosso contexto atual, veremos que ele talvez seja mais atual que o próprio problema. E por que digo isso? Vou te responder em dois pontos. Primeiramente , no capítulo 3 e 4, ele conceitua diferentes ideias de fazer jornalismo, mas claramente tem uma defesa mais direcionada a última teoria que apresenta, a que envolve o título desse vídeo. "Pluralismo" significa-do ponto de vista sociológicopensamento, doutrina ou conjunto de ideias segundo as quais os sistemas políticos, sociais e culturais podem ser interpretados como o resultado de uma multiplicidade de fatores ou concebidos como integrados por uma pluralidade de grupos autônomos, porém interdependentes. Nesse sentido, o autor utiliza desse conceito para o correlacionar com a liberdade de imprensa e as obrigações do jornalismo, como instituição social.

This study analyzes the role of the three arms of Nigerian government, examines the participation of Nigerian voters in general/presidential elections and assess the problems militating against the democratic governance in Nigeria's fourth republic (1999-2024). Perpetration of electoral violence by desperate political parties, vote buying, frequent defecting, security threats, corruption, poor turnout of voters in presidential elections and others have been examined in this paper. Nigeria operates a presidential system of government and bicameral legislature at the centre. The study adopts system theory propounded by David Easton and Gabriel Almond. This study uses the qualitative method of research. The study revealed a steady decline in voters' turnout in Nigeria's presidential elections from 2003 to 2023. Similarly, security threats were found to have retarded economic and political developments. The study recommends legislations that can effectively address the electoral problems. The security threats in Nigeria should be seriously checked by the government using the Nigeria Armed forces. The Nigerian Armed Forces should liaise or cooperate with the neighbouring countries in combating security threats. The Independent National Electoral Commission (INEC) and political parties should embark on voters' education across the country.

O estudo analisa a liberdade de expressão como fundamento das democracias modernas, sua consolidação histórica e proteção em tratados internacionais, destacando sua importância na participação política e fiscalização do poder estatal. No contexto digital, investiga-se a influência das plataformas tecnológicas na disseminação de informações e os desafios regulatórios impostos pelo Projeto de Lei 2630/2020 (PL das Fake News), que propõe medidas de controle e moderação de conteúdo, gerando questionamentos sobre privacidade, transparência e censura. Além disso, a pesquisa examina o conceito de Lawfare, abordando sua utilização como instrumento jurídico para a repressão política e controle social, evidenciando a interseção entre regulação digital, desinformação e instrumentalização do direito. A análise conclui que a normatização do ambiente digital deve garantir um equilíbrio entre o combate à desinformação e a preservação dos direitos fundamentais, assegurando que a liberdade de expressão não seja comprometida por excessos regulatórios e que o debate público permaneça plural e acessível.

Memory, History, the Left, and the Jews in Argentina I would like to begin by revisiting an idea that is not originally mine but has served as a foundational premise in my work as a researcher of Jewish life in Argentina. In his canonical work on Jewish memory and history, Zakhor, Yosef Haim Yerushalmi notes that the closer one approaches to Jewish history, the further one moves away from Jewish memory. While history and memory represent two ways of engaging with the past, the methods through which they recover it do not always align. This is particularly evident when addressing the experiences of Jews and the Jewish Left in Argentina during the years of the military dictatorship. In such cases, the historical approach may prove problematic when juxtaposed with the memories constructed by the Jewish Left regarding its performance during this historical period. At the same time, it is essential to make several distinctions that clarify the specific character of Jewish life in Argentina and its ties to leftist movements. As you may know, Argentina's Jewish community is the largest in Latin America, not only in demographic terms but also due to its extensive and diverse array of communal institutions. Yet, as is true globally, the majority of Jews are not affiliated with these institutions. As historian Raanan Rein has observed, writing the history of Jewish life in this country need to trace the presence of this ethnic group across various domains of national life, including politics, trade unions, universities, professional associations, culture, and economic production. This broader perspective helps us understand the complex relationship between Jews, Jewish institutions, and leftist movements in this South American nation. As studies on Jewish immigration to Argentina, the formation of labor organizations and the Communist Party, and antisemitism have demonstrated, the early participation of Jews in various organizations tied to leftist ideals was a distinctive feature of the nationalization process of Argentine Jews in the early twentieth century. However, this participation took on different organizational forms, ranging from anarchist or socialist Jewish groups to the first socialist Zionist organizations formed in the late nineteenth and early twentieth centuries. Simultaneously, many Jews joined the intellectual networks of liberal leftist movements, while others, by 1921, were instrumental in establishing the Communist Party. As Hernán Camarero notes, for example, Jews were the second largest ethnic group among Party members-after Italians-and the central page of the newspaper La Nueva Hora was printed in Yiddish.

This research conducts a rigorous comparative analysis of "The History of Elections and Representations" in India and Nigeria. Spanning the period from 2014 to 2019, the study explores crucial themes that influence the democratic processes in these two diverse nations. Through meticulous examination of political party dynamics, electoral acts, gender diversity, and the impact of political finance and violence, this research offers valuable insights into the intricacies of democratic governance. The findings underscore the importance of context-specific reforms and continuous monitoring to strengthen the democratic systems in both India and Nigeria.

Mr. William Rote, the incumbent president of Kenya, ascended to his position through a political campaign centered on the concept of a "hustler" and the advocacy of pan-Africanism. In addition, Mr. Rote's use of the term "hustler" to refer to a shared heritage and inheritance among all Kenyans, rather than a colonial privilege that has been passed through only to a privileged few.
Mr. Ruto denounced the opposition for the longstanding control of their families on Kenyan politics and economy since the country gained independence in 1963, describing them as "dynasties" .
In addition, Mr. Ruto labelled them as the children of the country's first and deputy presidents, specifically Mr. Uhuru Kenyatta and Raila Odinga, who significantly enriched Kenya’s political power. In contrast, Mr. Rote characterized himself as an individual hailing from poor families and attending school without barefoot.

O presente artigo tem o objetivo de apresentar uma contribuição ao estudo da atuação do Ministério Público na implementação de políticas públicas governamentais. O trabalho inicia-se com uma breve abordagem sobre a conceituação de políticas públicas e seu papel relevante para a consecução dos direitos de segunda dimensão, fazendo a conexão entre a necessidade de implementação destes direitos, em um ambiente de dirigismo constitucional, e o papel do Ministério Público neste processo. Abordando não somente a importância da atuação do Parquet, mas, principalmente, apresentando alguns limites a serem respeitados neste processo, mormente a observância da existência de escassez orçamentária, com o estudo da aplicação da teoria da reserva do possível; o princípio da separação dos poderes; a participação popular na formulação das políticas públicas; a discricionariedade atribuída ao gestor público em suas atuações e as limitações técnicas do Ministério Público para o exercício deste mister.

The right to bail in Uganda is a fundamental aspect of the country's criminal justice system, ensuring that individuals are not unduly detained pending trial. This paper explores the right to bail in Uganda, delineating between discretionary and mandatory bail and examining the conditions for granting or refusing bail in both Magistrate Courts and the High Court. Factors such as the gravity of the offense, potential witness interference, and the accused's antecedents are scrutinized. Additionally, the paper dives into the criteria for denial of bail and the determination of bail amounts and durations. Through this analysis, this paper sheds light on the conditions governing bail in Uganda's judicial system, ultimately advocating for a balanced approach that upholds both justice and individual rights.

O presente artigo visa analisar os limites da discricionariedade do ato administrativo e seus efeitos na criação e implementação de políticas públicas. Elaborado de acordo com o método analítico, com extração de referências doutrinárias, o trabalho aborda, primeiramente, os conceitos de ato administrativo e discricionariedade. Em um segundo momento, trata do tema políticas públicas, explicitando como se formam as agendas e a criação de políticas públicas e como o administrador público as efetiva. Por fim, realiza-se uma reflexão sobre o papel que a discricionariedade do administrador exerce na criação e efetividade de Políticas Públicas voltadas à população.

Today, 'transnational ideology' is much assumed as a threat for Indonesian local wisdom. Then, how can local wisdom survive amid the spread of transnational ideology? In essence, current recognized Indonesian religions, even coming from outside Nusantara, are well received because of their interaction with local conditions. These religions open, understand, and accommodate local conditions in order to conform to their teachings. The key point of religious life in Indonesia is the spectrum of its understanding with local wisdom. This paper describes the interaction between local wisdom and transnational ideology in Indonesia and how Pancasila should function in this condition. The first part of this paper describes local wisdom as a cultural product and its habitual manifestations. Second, explanations of transnational ideology and its relations to religions in Indonesia. Third, Pancasila is a reflection of local Indonesian wisdom and a path of interaction with any party, inc...

This chapter dissects the changing democratic patterns that Southern Africa is currently experiencing by utilising qualitative research methodology; document analysis. Selected cases from Southern African states such as Namibia, Madagascar, the Democratic Republic of Congo, and Zimbabwe will be utilised to assess how democracy has taken a new trajectory. The role of the regional bloc, the Southern African Development Community, will also be assessed to evaluate its efforts in maintaining and enforcing democratic values in its member states. Democracy seems to be losing its sensation in Southern Africa as some states have seemingly degenerated into authoritarian rule, militarism, and dictatorship. It has transmogrified as many elections in the region have been highly controversial and allegedly manipulated. Southern Africa has also experienced a high incidence of military coups, primarily caused by constitutional and electoral manipulations. Archaic and anachronistic political transitions of the 19th century have resurfaced in Southern Africa, making the region experience different decades but with the same problems. Such undemocratic political transitions, sometimes initiated with modifications but tragic consequences, have caused retrogressive effects on the region's nascent democracy. The conclusion is that democracy has seemingly lost its quality as autocratic tendencies seem to be gaining more prominence unfettered. An introduction constitutes the next section, which briefly discusses the context of the problem. It is followed by the methodology, which outlines the methodological tool(s) adopted to gather information. A literature review forms the subsequent chapter and discusses what other scholars say about the topic. The recommendations and conclusion recapitulate the chapter.

As one of the pillars of democracy, election has an inescapably ritual dimension that periodically attracts political actors and thus, it has become a barometer to measure political behavior across regions of the world. Nigeria has, after two decades of uninterrupted civilian dispensation, keyed into this global phenomenon. Although democracy has been the world's predominant form of government in the last five decades and there has been broad global progress on many aspects of this type of government, conducting credible and transparent elections still remains a herculean task in many African countries. For instance, Nigeria's troubled elections continually reflect the country's lingering "do or die" politics, poor electoral management and institutionalised impunity, defying attempts at entrenching democratic norms. Consequently, there is a seeming shift from voter apathy to outright voter boycott in the country-the 2019 election recording the lowest turnout (35 per cent) since 1999. This decline has been difficult to explain in the context of an electorate's seemingly better pre-election activism and political engagements. Hence, why large numbers of citizens continually refuse to participate in this most basic civic exercise should naturally provoke agitation. Employing secondary sources of data collection, this paper establishes the relationship between voter turnout and disenchantment and other underpinning variables associated with the Nigeria's electoral democracy. It foregrounds how low voter turnout remains a stubborn challenge to Nigerian democracy and the imperativeness for post-election audit.

The article examines the current state of development in Algeria and the challenges it faces in achieving sustainable development. It analyzes the multifaceted issues of governance, socioeconomic inequalities, political instability, and environmental degradation that impact Algeria's development trajectory. The article further explores proposed strategies, policies, and initiatives aimed at addressing these challenges and enhancing development security. It delves into the roles of the government, civil society, and international actors in driving progress and highlights case studies of successful initiatives. The article discusses the potential long-term benefits of improving development security in Algeria. By presenting a comprehensive overview of the topic, the article provides insights into the present realities and prospects of development security in Algeria.

The right to a fair hearing is a person’s right to have criminal charges or civil proceedings decided by a competent, independent, and impartial court or tribunal, following a fair hearing and public hearing. It is a concept that is recognized and protected by all major international and regional human rights instruments, and domestically.

In criminal trials in Uganda, this procedural concept derives its basis and can primarily be traced in Articles 2, 28, and 44(a) of the 1995 Constitution of the Republic of Uganda, and its objectives include limiting arbitrary actions by state organs, persons or bodies charged with determining the rights of individuals, emphasizing individual rights and constitutional safeguards against arbitrary or unfair judicial or administrative proceedings, prohibition of such actions as illegal arrests and detentions, unduly long pre-trial detentions, among others.

Article 28(1) and (2) provide that in the determination of civil rights and obligations or criminal charges, a person shall be entitled to a fair and speedy trial, while 28(3)(a) enshrines the presumption of innocence. In addition, there is the Magistrates Courts Act and the Trial on Indictments Act which provides that an accused person, charged with an offence triable by only the High Court can only be brought before the High Court through committal proceedings in a Magistrates Court.

This has culminated in accused persons being on remand pending committal to the High Court for long periods which is oppressive, is against the spirit of Article 28(1), and more often than not, causes grave psychological effects. With criminal matters also often handled only at criminal sessions which take forever to be organized, the overall effect has been the overstay on remand of accused persons rendering the right to fair hearing an illusion and the process translating into abuse of court process and oppression of accused persons.

In effect, the system has fallen short of guaranteeing a fair and speedy trial, the enjoyment of the non-derogable right; the right to a fair hearing by accused persons, by every person; the bedrock of criminal trials in Uganda.

It is trite law that the ultimate goal of a truly democratic nation is to conduct credible, free and fair elections. It is indeed one of the major challenges of the democratization process in a given nation. However, Nigeria is not known to have conducted elections devoid of rigging, vote buying, a rerun of elections, irregularities, malpractices, declaration of the election as inconclusive, etc. Thus, the issues bordering on reform of the electoral system, including the legal framework of the electoral process that will ensure substantial free and fair elections that meet the minimum standard of acceptable democratic elections, cannot but remain an essential goal of democracy in Nigeria. Under such circumstances, the Nigerian Government enacted Electoral Act 2022, introducing new changes such as using card readers and other technological devices, reducing campaign expenses by the political parties, a timeline for submitting lists of candidates, and criteria for substitution of candidates, amongst others. To this end, this paper, while adopting analytical research methodology, examines the Electoral Act 2022 and its innovations as a curse or blessing towards 2023 general elections in Nigeria. The paper revealed that the Act has regulated some unforeseen circumstances noticed in the previous elections, which necessitate post-election litigations across the country and suggests a way forward towards 2023 general election and beyond to meet the minimum standard of acceptable democratic elections.

Currently, the Covid-19 pandemics have begun to cause real loss among the public. Many victims who have attacked Indonesian society, began to the sick even to death. It is enough to make the community panic and fear the Covid-19 pandemics. So how can a leader make people calm and take care. The handling done to date is social distancing. However, various forms of public service are still run by government. As a leader with the type of the head of the community that is widely found in the environment, it is still traditional. In other words, his legitimacy of leadership is seen as natural and normal with its organizational implications, such as commanding authority and decision making without having to consult with his subordinates in prioritizing togetherness. Research was conducted to know how the type of paternalistic leadership in the village of Ketapang Kota Probolinggo increased the public service in the middle of the Covid-19 pandemics. With the results of the paternalistic le...

O artigo aborda a necessária efetivação e consecução dos direitos sociais à saúde prometidos na Constituição à luz da ideia de uma Constituição Radical, assim apresentada em não conformidade aos mecanismos liberais de mútua negociação entre os poderes constituídos, mas sim auto impositiva como manifestação do poder constituinte e da soberania popular. Sob esse viés, o trabalho discute a não restrição de aplicabilidade das potencialidades constitucionais à fundamentação de decisões políticas e jurídicas, mas também como garantidoras dos direitos sociais saúde, seu exercício e efetivação, as liberdades tolhidas e a necessária busca da tutela jurisdicional para sua fruição.

This paper evaluates the impact of competing “democratic” discourses on human rights protection in Southeast Asia. The authors identify three key discourses emanating from a set of national governmental policies, advocacy positions promoted by both global and local civil society and international standards and procedures adopted by members of inter-governmental organisations. These discourses, the authors argue, are collectively shaping the emerging ASEAN inter-governmental human rights regime. The political impact of these competing “democratic” discourses and their complex interactions bring a cultural dimension to regional human rights. The authors argue that observers seeking to understand the emergence of norms, the establishment of institutions and their capacity to collectively protect regional human rights, need to understand these competing discourses.

Some scholars suggest that the European Union (EU) is a 'Normative Power' and its foreign policy is based on the norms and principles which have shaped and consolidated the EU itself. Such principles include the norms of international law such as the nonproliferation of nuclear weapons. The controversial Iranian nuclear program has appeared as a test for the EU normative foreign policy. This paper tries to assess to what extent the EU has been successful in conducting the normative principles of its foreign policy regarding Iran's nuclear program. The research identifies a major obstacle that challenges the EU normative foreign policy. When the United States follows non-normative policies that stand in contrast with the EU normative ones, it negatively affects the EU capacity to follow its normative approach.

Right to freedom of expression is one of the globally recognized fundamental rights guaranteed and protected in many international human rights conventions, charters and other international and regional treaties and instruments. In Nigeria, the right has always been given recognision and specifically provided for in all the Nigeria’s constitutions, including the colonial and pre-independence. Even under the constitutional arrangements under the military governments, the said right is given recognition. Under the 1999 Constitution of Federal republic of Nigeria, the said right has also been prescribed for as one of the rights guaranteed for all Nigerians and anybody on the Nigerian soil. Nevertheless, it is one thing to recognize a right and it is completely another to practically implement the guarantees provided for. The Nigerian constitution is said to have given the said right with one hand and takes it away with another hand. This article critically analyses the right to freedom...

Currently, the Covid-19 pandemics have begun to cause real loss among the public. Many victims who have attacked Indonesian society, began to the sick even to death. It is enough to make the community panic and fear the Covid-19 pandemics. So how can a leader make people calm and take care. The handling done to date is social distancing. However, various forms of public service are still run by government. As a leader with the type of the head of the community that is widely found in the environment, it is still traditional. In other words, his legitimacy of leadership is seen as natural and normal with its organizational implications, such as commanding authority and decision making without having to consult with his subordinates in prioritizing togetherness. Research was conducted to know how the type of paternalistic leadership in the village of Ketapang Kota Probolinggo increased the public service in the middle of the Covid-19 pandemics. With the results of the paternalistic le...

To be legitimate, the civil rule tagged 'democracy' comes with certain prerequisites. The absence of these inherent prerequisites automatically changes it to another form of government. The majority voting by eligible voters which ostensibly stands as the most important of these prerequisites must be present in a particular democratic space, otherwise, the government, its form, and rule become questionable on the ground of legitimacy. Since Nigeria's political existence and democratic experimentation as a country, several challenges have bedevilled its governmental system, chief of which are the questions of democratic legitimacy warranted by repeated flawed electoral processes and voters' apathy beginning from the colonial election of 1922 to the recent 2019 general elections. While the government of a truly democratic state should be elected by the majority of the qualified voters of such state, the reality under the Nigerian experimentation up till 2019 is the opposite, thereby leaving the country with a cycle of governmental illegitimacy and democratic conundrum ostensibly resulting in developmental backwardness and political instability. This paper, therefore, centres its investigations on the analysis of the historical and current status quo of the electoral processes and the voting attitude of Nigerians manifesting in sustained apathy since 1922 in an attempt to argue for mandatory voting laws as a panacea to these democratic challenges.

This paper evaluates the impact of competing “democratic” discourses on human rights protection in Southeast Asia. The authors identify three key discourses emanating from a set of national governmental policies, advocacy positions promoted by both global and local civil society and international standards and procedures adopted by members of inter-governmental organisations. These discourses, the authors argue, are collectively shaping the emerging ASEAN inter-governmental human rights regime. The political impact of these competing “democratic” discourses and their complex interactions bring a cultural dimension to regional human rights. The authors argue that observers seeking to understand the emergence of norms, the establishment of institutions and their capacity to collectively protect regional human rights, need to understand these competing discourses.

Na construção de uma sociedade igual, justa e solidária, concretizada através da erradicação da pobreza e da efetivação da dignidade da pessoa humana, os três poderes da República deverão agir em parceria e harmonia, identificando quais as políticas públicas que devem ser cumpridas para que ocorra o desenvolvimento de toda a sociedade brasileira. A hipótese

The ephemeral legal relationship between Africa and the International Criminal Court has yielded sour grapes. African states have grown a strong aversion to the court, accusing this institution of last instance of selective justice and an exclusive focus on Africa. The Darfur referral by the Security Council on President Omar Hassan Ahmad al Bashir has finally led to the severance of ties between the African Union and the ICC. With powerful and affluent states such as the United States of America, Russia and China not part to the Rome Statute and hence non-members of the ICC, the absence of African states will further jeopardise the existence of the court. The veto of prosecution which the Permanent Five (P5) possesses has been a bone of contention and a source of disgruntlement amongst many signatories, non-signatories and potential signatories to the Rome

This paper evaluates the impact of competing “democratic” discourses on human rights protection in Southeast Asia. The authors identify three key discourses emanating from a set of national governmental policies, advocacy positions promoted by both global and local civil society and international standards and procedures adopted by members of inter-governmental organisations. These discourses, the authors argue, are collectively shaping the emerging ASEAN inter-governmental human rights regime. The political impact of these competing “democratic” discourses and their complex interactions bring a cultural dimension to regional human rights. The authors argue that observers seeking to understand the emergence of norms, the establishment of institutions and their capacity to collectively protect regional human rights, need to understand these competing discourses.

La reflexividad en las instituciones públicas es síntoma del sistema democrático de buena gobernanza. En este trabajo nos preguntamos en qué grado la agencia penitenciaria en general, y los sistemas penitenciarios del Estado español en particular, especialmente el sistema AGE, participan o deben participar en el cuestionamiento de su actividad, y cómo se comunican con la demos y con el resto del sistema penal. Realizamos un ecléctico análisis de evaluabilidad de los fines y resultados de la Administración penitenciaria, abrazando holísticamente las diferentes disciplinas que nos lleven a abrir las políticas carcelarias. Aunque evaluar la eficacia de la prisión se torne difícil –pues, entre otras cosas, no se establecen claros objetivos–, sí podremos observar la transparencia que abran los sistemas penitenciarios, como característica de una mejor democracia. De todo ello se esboza un modelo de calidad penitenciaria, que tiene como pilares la seguridad, los derechos humanos y la reinserción, en los que aportamos ya algunos indicadores que puedan servir de ayuda para llegar a la prisión abierta, entendida ésta como la buena prisión: que se abre transparentemente, que aprende de la ciencia y que es parte de la comunidad, luego democrática. Argumentamos finalmente que, paradójicamente, la calidad total en la Administración penitenciaria supondría la inexistencia de una Administración penitenciaria. http://hdl.handle.net/10498/25737 Reflexivity of public institutions is a symptom of a good democratic system under the postulates of the good governance. In this work, we wonder to what extent the prison agency in general, and the Spanish prison systems in particular, participate or should participate in questioning their activity, and how they communicate with the demos and with the rest of the Criminal Justice System. We carry out an eclectic analysis of the evaluability of the aim and the outcome of the prison administration, holistically embracing the different disciplines that may lead us to open and dissect the policies of the prison. Although evaluating the efficacy of prisons becomes difficult –because no clear goals are established–, we will be able to observe what transparency the prison systems report, as a characteristic of a better democracy. It is sketched out a Model of Prison Quality with three pillars: security, human rights and reintegration. In these dimensions we describe some indicators that can help to get the open prison, understood as the good prison: the one that presents itself transparently, learns from science, and is part of the community; therefore democratic. Finally, we argue that total quality in the prison administration would imply, paradoxically, the absence of prisons. http://hdl.handle.net/10498/25737

The ephemeral legal relationship between Africa and the International Criminal Court has yielded sour grapes. African states have grown a strong aversion to the court, accusing this institution of last instance of selective justice and an exclusive focus on Africa. The Darfur referral by the Security Council on President Omar Hassan Ahmad al Bashir has finally led to the severance of ties between the African Union and the ICC. With powerful and affluent states such as the United States of America, Russia and China not part to the Rome Statute and hence non-members of the ICC, the absence of African states will further jeopardise the existence of the court. The veto of prosecution which the Permanent Five (P5) possesses has been a bone of contention and a source of disgruntlement amongst many signatories, non-signatories and potential signatories to the Rome Statute.

In the article, we explore the factors which brought about the transatlantic coordination of the policy of imposing sanctions on Iran. We will mainly focus on the events in the 21st century when the new incentives for cooperation appeared due to the growing concern over the development of Iran’s nuclear programme. Considering the capabilities of using the tools of economic statecraft and diplomacy, we claim that the EU-US cooperation can be termed a co-leadership. The assessment and the reasons for the transatlantic break-up on this matter during the presidency of Donald Trump was examined using the concept of relative gains. We evaluate to what extent the initial goals were achieved in practice, and we also try to predict the possible consequences of the US withdrawal from the Joint Comprehensive Plan of Action (JCPOA). As to whether the effectiveness of the sanctions through the cooperation has been enhanced, the answer is ambivalent. On the one hand, the cooperating transatlantic...

Language has always been used as a political and social weapon in Kenya with politicians embracing varied strategies that are aimed at promoting aparticular interpretation of a social issue. With the constitutional changes that took place in Kenya, it was not clear whether politicians were to be more guarded in their choice of language for fear of being prosecuted for propagating hate speech. In view of the aforementioned, this study set out to undertake a Comparative Political Discourse Analysis by investigating different Discourse Topics five months before 2007 and 2013 elections. The theory that guided the study was Discourse-Historical Approach (DHA). Descriptive method of analysis was employed. Purposeful sampling strategy (Critical case sampling) was used to collect data of politician"s reported utterances during the period under study. The main players were; Raila Odinga, Uhuru Kenyatta and William Ruto because during both 2007 and 2013 elections campaign these personalities were among the most pronounced politicians who played pivotal role during presidential campaigns. The data was collected from The Daily Nation and the Standard newspapers. The main Discourse Topics employed by the said politicians formed the basis of the analysis. The study found out that the general choice of discourse topics by politicians is guided by society"s most salient historical issues such as the land question and vote rigging. The significance of this undertaking is that; the choice of Discourse Topics during presidential campaigns can be seen as a purveyor of social issues and therefore political situationsand Discourse Topics can also be seen as a driving force directed at changing politics and society.

Although the internet has become increasingly pervasive in our daily lives and interactions and has impacted existing social norms and ethics, very few studies have examined the relationship between the internet and ethics. In the face of increasing numbers of internet-related ethical violations, this lack of research constitutes a policy vacuum. This study investigates ethical controversies in cyberspace by examining actual events that occurred in South Korea, such as the "dog poop girl" incident, the suicide of a famous actress, a candlelight vigil against U.S. beef imports, and the arrest of a blogger named "Minerva." The study proposes a preliminary framework for evaluating ethical issues occurring on and via the internet, focusing on the agent's moral and legal responsibility and on internet regulation.

Isabela Bentes de Lima 1 RESUMO Este artigo pretende analisar a constitucionalização das políticas públicas como instrumento para o desenvolvimento social e limite à discricionariedade na implementação dos direitos sociais. Para isso, utilizou-se como metodologia a revisão bibliográfica de Karl Engisch, Amartya Sen e Ronald Dworkin. O objetivo é demonstrar que o uso da discricionariedade é limitado pela Constituição. O estudo conclui que as políticas públicas são padrões normativos constitucionais e são um instrumento viável para promover a

In the article, we explore the factors which brought about the transatlantic coordination of the policy of imposing sanctions on Iran. We will mainly focus on the events in the 21st century when the new incentives for cooperation appeared due to the growing concern over the development of Iran’s nuclear programme. Considering the capabilities of using the tools of economic statecraft and diplomacy, we claim that the EU-US cooperation can be termed a co-leadership. The assessment and the reasons for the transatlantic break-up on this matter during the presidency of Donald Trump was examined using the concept of relative gains. We evaluate to what extent the initial goals were achieved in practice, and we also try to predict the possible consequences of the US withdrawal from the Joint Comprehensive Plan of Action (JCPOA). As to whether the effectiveness of the sanctions through the cooperation has been enhanced, the answer is ambivalent. On the one hand, the cooperating transatlantic...

Developing the professional competencies of future teachers is one of the main tasks of the faculties of education. The framework of the expected qualifications for ensuring the quality of education and professional development of teachers is determined by General Competencies for Teaching Profession in Turkey. Field teacher candidates are also required to acquire competencies specific to the field in the preparation phase of the profession. The field education knowledge competency of the History Teacher Special Field Competencies in Turkey includes the ability to associate the history course with the environment. One of the performance indicators of this competence is "organizing educational trips (to libraries, archives, museums and historical places, etc.) within the framework of the social activities regulation" The purpose of this study is to provide history teacher candidates with a performance indicator for organizing educational trips to out-ofschool learning areas in History Teacher Special Field Competencies. The study group of this research, which is designed according to action research, one of the qualitative research methods, consists of 72 history teacher candidates studying in the Pedagogical Formation Certificate Program at the Faculty of Education of a state university. The data of the research were obtained using a semi-structured interview form. Within the scope of the research, firstly, history teacher candidates were given education on out-of-school history education in the special teaching methods course. Afterwards, Anne Frank-A History For Today Exhibition was visited and the teaching designs and views of the history teacher candidates on how to use this history exhibition in their lessons were examined. According to the results of the research, it was observed that the education given to increase the proficiency of history teacher candidates for out-of-school history teaching was effective and, in this context, they were able to use the exhibition they visited in the history lessons they designed. In addition, historical thinking skills such as historical empathy, historical analysis and interpretation, historical comprehension and values such as respect for differences, respect for human rights and democracy, and tolerance are among the results of the research.

In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the arguments made by both academic experts and pundits who agree with Google’s claim that if the first sentence had been left unchallenged, it would have opened the floodgates to several other jurisdictions that would as a consequence have used it as a pretext to increase control on the internet, jeopardising in such a way free speech, which has been seen so far as an inalienable right which should not be censored. Finally, by going beyond the sentences and their immediate contexts, we will propose a theoretical justification of our analysis. Our main claim is that the value of the right to privacy is based on the argument that its violation would undermine citizens’ capacity to participate effectively in democratic politics.

The law on Bail and Bail pending appeal discussed. Bail was defined in the case of Aliphusadi Matovu Vs Uganda Criminal1 as, '…the release from custody by a court of law of a person accused of a criminal offence after such person has entered a recognizance consisting of a bond with or without sureties, for a reasonable sum of money to the effect that he or she would appear before court for his or her trial…'
Whereas according to Dorothy N. Kabugo in A Citizens Handbook on the Law Governing Bail in Uganda2 provides for the major laws relating to bail in Uganda, which are

Liberální demokracie je na počátku 21. stoletá údajně v krizi – politické, hospodářské, krizi důvěry, krizi reprezentace, krizi konstitucionalismu, krizi sebedůvěry. Existuje nějaká cesta ven? Nebo kam to vlastně liberální demokracie míří? Političtí filosofové a filosofky se domnívají, že právě jejich disciplína dokáže nejen formulovat patřičné správné otázky, ale také nabídnout konstruktivní odpovědi – i proto, že období závažných proměn a krizí byla v lidských dějinách vždy doprovázena vrcholnými výkony politického filosofování. Na tomto pozadí autorský tým z Katedry politologie FSS MU v Brně prozkoumává některé nejvýznamnější odborné diskuse, které v soudobé politické filosofii probíhají a které se týkají životaschopnosti liberální demokracie jakožto doposud dominantního modelu vládnutí. Kniha jako celek i jednotlivé kapitoly přitom oslovují jak širší odbornou veřejnost, pro niž může sloužit jako podnět k výzkumným snahám. Neméně významnou skupinu adresátů však tvoří i studenti a studentky politických věd, filosofie a dalších společenskovědních a humanitních oborů, jimž kniha nabízí pokročilý úvod do klíčových problémů současné politické filosofie.

[The book deals with the announced crisis of liberal democracy as perceived from within contemporary political philosophy – a discipline which is often considered by its practitioners to be especially qualified to not only pose the right questions, but also provide constructive answers. Against this background, the authors explore some core scholarly debates which address the viability of liberal democracy as the heretofore dominant model of political rule. By providing an advanced discussion of a number of central concerns of contemporary political philosophy, the book aims to apppeal both to broader scholarly audience and to students of political science, philosophy, and related fields of social sciences and humanities.]

El restablecimiento de la democracia en Argentina, hacia fines de 1983, movilizó a diversos sectores de la opinión pública. La revisión de lo sucedido durante el régimen dictatorial, así como los debates en torno a los problemas que la apertura política debería resolver, constituyeron un horizonte de interpelación entre diversos actores. En particular, aquellos que se identificaron con el espectro heterogéneo de instituciones y organizaciones ligadas al ámbito judío produjeron una serie de narrativas y experiencias que permiten reconocer el modo singular en que se revisó lo sucedido durante la dictadura, y el lugar que ocuparía la agenda de los derechos humanos en un clima de reconstrucción democrática. El presente trabajo se propone recomponer las posiciones en torno a cómo se constituyó tempranamente una representación sobre el carácter antisemita del régimen dictatorial y cómo esa imagen posicionó a los diversos actores de la comunidad judía como víctimas –o no– del régimen dictatorial y, por tanto, con legitimidad para operar sobre la recuperación democrática.

Muslim communities in Southern Thailand have experienced in discrimination among in economic, social, and politics. This condition has even occurred in the last seven decades under King Bhumibol Adulyadej, who was known to be wise king. Basically, King Bhumibol as the head of state always stated that social welfare approace is the best way to solve the problem, but almost every Thai Prime Minister as the head of government unfortunately always uses a militaristic approach that triggers social resistance. Since King Bhumibol died, Thailand has faced with the potential crisis for two reasons. First, Maha Vajiralongkorn as a successor, he is considered have different charisma with his father because he is very glamorous and have controversial lifestyle. Secondly, the absence of King Bhumibol, who has been a counterweight to the state made the Thai military more often coups. This conditions give impact to Muslim communities in the South who always live with uncertainty condition with two possibilities. First, Muslim communities have a better life under the new monarchy regime with social welfare and humanity approaches. Secondly, the condition of the Muslim communities will remains stagnant under the controversial king with continued by martial law.

Despite the universality of human rights, many States still interpret their human rights obligations as being applicable only within their own borders. This attempt to limit accountability territorially has led to gaps in human rights protections, especially in human rights regulation and accountability of transnational corporations and international financial institutions.

In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the arguments made by both academic experts and pundits who agree with Google’s claim that if the first sentence had been left unchallenged, it would have opened the floodgates to several other jurisdictions that would as a consequence have used it as a pretext to increase control on the internet, jeopardising in such a way free speech, which has been seen so far as an inalienable right which should not be censored. Finally, by going beyond the sentences and their immediate contexts, we will propose a theoretical justification of our analysis. Our main claim is that the value of the right to privacy is based on the argument that its violation would undermine citizens’ capacity to participate effectively in democratic politics.

The European Union (EU) is known as the largest economic bloc as well as an influential political actor on the international scene. It has succeeded to display a distinct pattern of regional integration with 28 member states and a population of over 500 million people. Since its establishment in 1950s, EU has been the subject of in-depth and serious political and academic discussions. One of the major questions has been the ability of the EU to be represented either as a super power and a military power or as a civil and non-military power considering the various and somehow contradictory benefits of its member states. The key concept, here, is the idea of the normative power; however, to what extent can the EU be recognized as a normative power? According to the EU Charter of Fundamental Rights as well as the Treaty on the Functioning of the EU (TFEU) the European Union is based on a strong commitment to promoting and protecting human rights, democracy and the rule of law worldwide and it lies at the very heart of EU relations with other countries and regions. Thus the main objective of this thesis is to analyze how the normative power of the Union and the instruments used to depict this power challenge its external relations with Iran especially when it comes to consider the Joint Comprehensive Plan of Action (JCPoA) as a factor of paradigm shift in the Iranian as well the as the EU foreign policy.

Israel é um Estado baseado nas leis judaicas, com um sistema político democrático permeado por elementos controversos, como a disputa territorial com a Palestina, a consequente insegurança e as diferenças étnicas e religiosas entre seus cidadãos. Esses elementos são peças fundamentais para o entendimento dos processos políticos e de segurança nacional em Israel. Aspectos históricos étnicos e religiosos regram a política israelense, confrontando-se com certos princípios democráticos, como a igualdade de direitos, a participação e contestação política, e a liberdade de expressão.

This article is concerned with the relationship between the right of self-determination and the political system of multiparty democracy. It considers whether international law supports the view that operation of the right of self-determination requires a multiparty political system. It also questions the position that elections in a multiparty setting lead to an automatic realisation of the right of self-determination. The article shows that the concept of democracy and the idea of self-determination to some degree share historical and philosophical underpinnings. But in contemporary international law we are dealing with self-determination as a human right and not with self-determination as an absolute political principle. As a human right, selfdetermination is subject to several limitations and should not be interpreted too broadly. The article concludes that in contemporary international law a multiparty political system is neither a necessary nor a sufficient condition for the realisation of the right of self-determination.

This paper evaluates the impact of competing “democratic”
discourses on human rights protection in Southeast Asia. The authors identify three key discourses emanating from a set of national governmental policies, advocacy positions promoted by both global and local civil society and international standards and procedures adopted by members of inter-governmental organisations. These discourses, the authors argue, are collectively shaping the emerging ASEAN inter-governmental human rights regime. The political impact of these competing “democratic” discourses and their complex interactions bring a cultural dimension to regional human rights. The authors argue that observers seeking to understand the emergence of norms, the establishment of institutions and their capacity to collectively protect regional human rights, need to understand these competing discourses.