Громадянські права і свободи людини як основний критерій легітимності та конституційності державної влади

This article examines women’s civil and political citizenship rights in the post‐Good Friday Agreement period in Northern Ireland. It argues that while the Good Friday Agreement offered an initial potential to expand these rights, these rights have not yet been realised. In particular, women’s political citizenship rights explicitly addressed in the Good Friday Agreement are lagging. Three possible explanations for this situation are examined including: the slow pace of gender and equality mainstreaming in Northern Ireland, reluctance on the part of political parties to take up available (United Kingdom) legislation to advance women’s political representation, and the limits of a rights‐based discourse in Northern Ireland. Some possibilities for working beyond the Good Friday Agreement to advance women’s civil and political citizenship rights in Northern Ireland are proposed and considered.

“Only a Moral Power”African Americans, Reformers, and the Repeal of Ohio’s Black Laws L. Diane Barnes (bio) Responding to a critic of his home state of Ohio in 1851, abolitionist Rep. Joshua R. Giddings extolled the virtues of the racial equality that followed the partial repeal of the state’s Black Laws in February 1849. He noted that “a black or mulatto person now enjoys the same liberty to settle in Ohio as [the critic] Col. Schouler, and would be listened to in a court of justice there with the same respect.”1 For Giddings and some other white political abolitionists, the repeal represented a singular accomplishment, a promise of things to come. For African American reformers such as Alfred J. Anderson, Charles B. Ray, and Frederick Douglass, the Ohio repeal suggested “there is yet work for the friends of Universal Freedom in the State of Ohio.” African Americans viewed the “victory” as only a partial achievement. One activist remarked that “the colored population has been in a starving condition, for want of the benefits of education, and the enjoyments of various precious rights, and now our Legislature gives them only a small share of what they should have.”2 Historians sometimes dismiss Ohio’s Black Laws because some were rarely enforced and they seldom prohibited the movement of African Americans into [End Page 7] the state. The state counted a mere 337 African American residents at statehood, but by 1860 the number approached 37,000. At first glance the growing population seems astounding; however, on the eve of the Civil War black Ohioans made up less than 2 percent of the state’s 2.3 million residents. It is likely that some African Americans chose to avoid settling in Ohio, where their rights could fall victim to sporadic Black Law enforcement. To mid-nineteenth-century African Americans and their advocates in the reform community, especially, the very existence of the Black Laws enforced or not, represented one more bastion of racism in antebellum American society. The Black Laws offered a tangible target in the movement for racial equality and black uplift that grew along with immediate abolition after 1830. Repeal of the Ohio Black Laws became a goal of the national and state black convention movements, of regional white abolitionists, and was of national concern to African Americans. Some of their efforts on behalf of African Ohioans will be considered here in an effort to understand the complicated nature of the struggle for racial equality in antebellum America. The very denial of basic civil rights, including the franchise, under Ohio law meant that no matter how hard they struggled, African Americans could claim “only a moral power” in the fight for repeal. It was up to white allies such as Giddings, Salmon P. Chase, and a few like-minded state delegates to push the repeal through the legislature. Chase took up the cause of repeal at a politically expedient time—he would ride his newfound Free Soil constituency all the way to the U.S. Senate. The legislative action to at least partially repeal the laws was made more urgent by a petition and pamphlet campaign from Ohio’s female antislavery activists, and editorials in the national black press. Yet even after repeal, with the exception of a handful of Ohio’s most light-skinned blacks, African American men could still not cast a vote in favor of those who supported civil rights.3 They were denied this basic right of citizenship [End Page 8] under the Ohio constitution, and the state’s Black Laws further restricted civil and political rights.4 The terms “black codes” or “black laws” generally bring to mind the post‒Civil War South, where legal restrictions governed the lives of African Americans. There, laws restricted the freedom of blacks, determined employment patterns, and aimed to keep African Americans laboring for little or no money. By the late nineteenth century Jim Crow laws codified the separation of African Americans and whites in public accommodations and denied blacks access to basic civil rights across the South. These systems evolved in the wake of slavery’s end; however, from the nation’s founding, slavery had...

International migration and the politics of admission and exclusion in postwar Europe

There are two major European Courts, the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR). The ECJ deals with legal matters, mainly involving the interpretation of EU law and ensuring that the law is applied evenly across all 27 EU member states. The ECHR aims to make certain that civil and political rights of citizens in the 46 member states of the Council of Europe are observed. Most cases involving older citizens are about social policy (such as pension arrangements, equality, age discrimination and mandatory retirement). There have been few cases dealing with patients' rights, long-term care or housing. Referrals of selected cases involving old people should be considered if their rights are not being protected. In this Commentary, there is an account of how these Courts have evolved, together with guidance on whom to refer, to which Court, and when and how referrals should be made.

This chapter shows the impact of the division of the human rights agenda, and it seeks to portray the regimes for civil and political rights as they have evolved out of that first discussion at international level about the efficacy of human rights between 1948 and 1966. The chapter is divided into three parts. It discusses the International Covenant on Civil and Political Rights. The chapter examines few key rights from the Covenant in a bid to show the parameters of the rights identified as 'civil and political'; it also offers a commentary on the challenges for implementation. The International Covenant on Civil and Political Rights could be understood as the codification of the civil and political rights aspirations expressed in the Universal Declaration of Human Rights in 1948, into legally binding provisions. Keywords: civil rights; international covenant; political rights

Until the middle of the 20th century, many Muslim population countries became free and independent countries following the end of world colonization. Those countries try to adopt several modern political and legal values, including establishing democracy and state constitutions. One of the constitution's contents in a democratic country is guaranteeing and strengthening civil and political rights. Civil and political rights regulation should be written in a partial part of the constitution as a commitment to live in modern democratic circumstances. Philosophically, citizens' civil and political rights in democratic circumstances cannot be restricted by government. Nevertheless, a gap in the legal argument regarding the limitation of civil and political rights in constitutions is constantly discussed. This article looks at civil and political rights limitations in two cases in different countries: Indonesia and Turkiye. These two countries were chosen as subjective data based on the legal system's proximity pattern and socio-religious conditions. Both countries are also close to the civil law system and have historical references to Islam. In addition, both countries have experience with the restriction of religious organizations. Indonesia has dealt with the restriction of Hizbut Tahrir Movement. Meanwhile Turkiye has experience in banning Gulen Movement. By this background, some questions emerge: How do Indonesian and Turkish constitutions, as Muslim population countries, guarantee human rights issues? By using a comparative legal study and a sociological-empirical approach, this article compares the Indonesian and Turkiye constitutions to see how the two countries guarantee human rights, predominantly civil and political rights. The result of this article reveals that national consensus, national security, stability, and legitimate political power are some of the legal arguments that are always present in the discourse on restrictions on human rights. Under these conditions, human rights restrictions are commonly regulated in the constitution, which contains human rights laws.

They Call Me George: The Untold Story of Black Train Porters and the Birth of Modern Canada

The purpose of this study was to describe the perspectives of PPKn STKIP Pasundan Students regarding political literacy and the forms of political participation conveyed in the implementation of the 2024 simultaneous Pilkada. The research approach used a qualitative descriptive method. The results of the study obtained from interviews were analyzed and interpreted, so it can be concluded that political literacy is obtained by PPKn Students through political science courses through learning methods including lectures, presentations, discussions, literature studies, focus group discussions (FGD), field studies and individual assignments. The learning media used by Students in increasing political literacy are predominantly obtained through digital media or social media such as online news portals, YouTube, Facebook and Instagram. The description of the form of political participation of PPKn STKIP Pasundan Students is in accordance with the hierarchy of political participation, namely the higher the hierarchy of participation, the less the number of Student involvement and the lower the hierarchy of political participation, the greater the Student involvement. The perspective of PPKn STKIP Pasundan Students on the simultaneous Pilkada is equality in providing political rights, the opportunity to expand knowledge and freedom to convey political arguments or aspirations, and the absence of intervention in the political rights of citizens. Political literacy has a significant impact on increasing forms of political participation and influences strengthening democracy.

Reviewed by: Jewish Emancipation: A History across Five Centuries by David Sorkin Todd Endelman David Sorkin. Jewish Emancipation: A History across Five Centuries. Princeton, NJ: Princeton University Press, 2019. 528 pp. doi:10.1017/S0364009420000318 David Sorkin's expansive history of Jewish emancipation from the sixteenth century to the present works at two levels. To begin, it is a comprehensive account of how and why Jewish legal status changed—at times, improving; at times, worsening—everywhere in Europe, North America, North Africa, and the Middle East over five centuries. Sorkin casts his net widely. Emancipation's successes and failures in the Caribbean, the Balkans, Canada, and Russia take their place alongside the better-known, almost paradigmatic cases of France and the German states. The only modern communities that are absent are those of Latin America and the Antipodes, omissions that can certainly be forgiven in a work of such scope. He wisely insists that there was no single, universal path to emancipation but multiple paths. In some cases—the United States and France, for example—liberal revolutions paved the way for Jewish legal equality. In others—Germany and Italy—national unification fueled the process. And, in others—such as the Habsburg and Ottoman Empires—the reforming zeal of "enlightened" but authoritarian rulers hoping to remedy the backwardness of their realms was the driving force. Rejecting the "East versus West" binary that is so commonplace in writing modern European Jewish history, Sorkin proposes instead a fourfold geographic division of the early modern and modern Jewish world: western Europe (including North America and the Caribbean); central Europe; eastern Europe; and the lands of Islam. He also introduces two critical distinctions that illuminate the ways in which emancipation struggles unfolded. The first distinction is that between political and civil rights. The former refers to the right to hold office, vote in elections, and gain entry to the civil service. The latter refers to occupational and residential freedoms, the right to own and transmit property, and equality of standing in the judicial system. In Britain and the United States, for example, civil rights preceded political rights. Conflicts over Jewish legal status in the English-speaking world in [End Page 450] the first half of the nineteenth century largely concerned the right to hold office. In terms of their civil rights, Jews in Britain, its colonies, and later the United States were emancipated and enjoyed full civil rights from the very moment of their arrival. In the tsarist empire, by contrast, Jews enjoyed neither political nor civil rights—nor, for that matter, did anyone else. The second distinction Sorkin introduces is that between emancipation "into estates" and emancipation "out of estates." In illiberal states, on the one hand, where membership in corporate bodies and estates determined the privileges any individual enjoyed, emancipation meant the integration of Jews (usually Jews of property) into the existing system. In these instances, Jews received estate-specific privileges rather than nominally universal rights. In liberal states, on the other hand, where civil society, liberal individualism, and natural rights were in the ascendant, emancipation meant something very different: dissolution of the corporate Jewish community and integration into a state of citizens who were, in theory, all equal before the law. The distinction is critical because emancipation "into estates" was more limited in what it offered. However, it was the only possible form emancipation could take in states that lacked a body of rights-enjoying citizens into which Jews could be politically integrated. It is this distinction that underwrites Sorkin's account. He includes shifts in Jewish legal status that historians have not included within the conventional rubric of emancipation, such as those that occurred in eastern Europe and the Ottoman Empire. While he is careful to distinguish the different political systems in which these shifts occurred, the question still arises as to what is gained—historiographically, theoretically, or strategically—by bringing together under one rubric these various changes. Granting rights in the wake of the French Revolution was a very different phenomenon from bestowing commercial and civil privileges to merchant colonies in port cities in the sixteenth and seventeenth centuries. Radical, novel ideas powered the former, while the latter represented an...

Background: the segregation and exclusion of students with disabilities from general education amounts to serious violations of the right to education of these students. Objective: to determine if inclusive education guarantees fundamental rights such as; civil and political rights, accessibility, health and rehabilitation, education and sports, work and employment and social protection of people with disabilities. Results: Inclusive education in general is perceived as very efficient. The dimensions associated with inclusive education (non-discrimination, availability, physical and economic accessibility, adaptability and acceptability are perceived at a very efficient level. Conclusion: there is a perception that the fundamental rights of people with disabilities are fully guaranteed and that civil and political rights, accessibility, health and rehabilitation, education and sports, work and employment and social protection are in a very efficient level. It was evidenced that inclusive education through its dimensions guarantees the fundamental rights (civil and political rights, accessibility, health and rehabilitation, education and sports, work and employment and social protection) of people with disabilities.

Evelyn M. Simien is assistant professor in the department of political science at the University of Connecticut, Storrs. Her current research interests include African American public opinion ancl political behavior, black feminist thought andcritical race theory, survey research, and quantitative methodoloqy. She can be reached at simien@uconn.e7u. African American women have a long history of political activism, starting with anti-slavery networks, civil rights organizations, and black feminist collectives (Collins 2000). Overcoming racism and sexism has had a profound impact on African American women's political activism by inspiring them to actively participate in social movements, political parties, campaigns, elections, and, ultimately, run for public office. Nonetheless, efforts to transform the curriculum and integrate the perspectives of African American women have met with varying degrees of success. African American women's political activism within the civil rights movement has not been accurately documented but rather conveniently forgotten. African American women were instrumental to the movement in their roles as organizers, fundraisers, and leaders in orchestrating tremendously successful grassroots campaigns that advanced black liberation and attested to their leadership capabilities. It is this writer's view that African American women of the civil rights movement should not to be presented as victims or celebrated as mainstream heroines from a contributionist approach. Perhaps Rosa Parks is the easiest for instructors to use in this way, considering the frequent trivialization of her role in the Montgomery Bus Boycott. It is in this regard that Cedric the Entertainer's comedic performance in the film, Barbershop, becomes illustrative. He insists that all Rosa Parks did was sit down because she was tired, which minimizes her role as an important civil rights activist. Obviously, this message is problematic. However, it is indicative of an educational system that treats black history month as cultural enrichment. During the month of February, students learn about black firsts and their achievements to develop tolerance for difference as opposed to challenge basic assumptions about cultural stereotypes (Higginbotham 1990; Omolade 1993; Banks 2003). An alternative or transformative approach to the curriculum enables students to critically evaluate political processes. Such an approach allows students to consider why, for example, African American women are conspicuously absent from the curriculum on black leadership and civil rights. Students can begin to question and understand how race, sexuality, class, and gender dynamics operate within the context of the movement. They come to appreciate multiple perspectives and realities as they relate to the unequal distribution of power and privilege in the United States, thereby creating a new framework by which students view key concepts, issues, themes, and problems inherent to the movement that counter mainstream perspectives. African American women are then integrated into the curriculum as leaders, performing roles similar to those of black men without privileging one experience over the other. Therefore, black liberation is not equated with black masculinity or manhood. My course on the civil rights movement is designed to introduce students to black leadership, specifically the principles, goals, and strategies used by African American men and women to secure basic citizenship rights. It provides a fairly broad, yet comprehensive account of the civil rights movement so students can develop a critical perspective of historical and contemporary trends in African American political life. An in-depth analysis of the civil rights movement often inspires students to become more informed and politically active citizens. Through critical examination of the major philosophical and theoretical arguments contesting interlocking systems of oppression, students arrive at some understanding of how African American men and women influenced the political process via public persuasion, litigation, grassroots mobilization, and direct action despite different movement experiences determined by race, sexuality, class, and gender dynamics (Weber 2001). This course is unique in that it expands the curriculum on black leadership and civil rights to include African American women thereby offering students an alternative vision that recognizes African American

The article is dedicated to the study of the problem of restrictions to political rights of citizens in the state of emergency. Based on an analysis of laws on elections, referendum and the state of emergency, the author concludes that the constitutional legislator is forced to use methods of election (discretion), sufficiency of grounds (need to exclude spontaneous decisions), proportionality, detailed legal regulation (grounds for the introduction, cancellation and amendment of the state of emergency), reasonable flexibility of the legal policy and adequacy of the law enforcement practice. Extraordinary and emergency circumstances that objectively exclude any freedom of public events, debates, discussions, speeches and sharing opinions on politics and resolutions of government authorities are the only sufficient basis to introduce the state of emergency in a country or its certain territories.

This chapter disputes the current claim that secularism guarantees gender equality. It focuses on France and on the ways in which the word secularism (laïcité) was used polemically, in the nineteenth and early twentieth centuries, by anti-clericals who condemned the dangerous association of women and religion and thus denied women the political rights of citizens. In the twenty-first century, the focus remains on women, but now it is Muslim women who are thought to endanger the republic. In this context, a new version of secularism has been articulated, which extends the demand for the neutrality of the state in matters of religion to the enforcement of the neutrality of public space. The changing meanings of laïcité suggest the need always to historicize it, to analyze its polemical operations and its effects in specific historical circumstances. This demonstrates gender equality is not—and has never been—a primary concern of secularism.

the article presents the consideration of topical issues of citizens ' participation in the protection of public order and ensuring public safety, regarded as one of the political rights of citizens enshrined in the Constitution of the Russian Federation, namely: freedom of association. A comparative analysis of the experience of involving the population in the protection of public order in the Russian Federation and certain foreign countries has been conducted. The forms of participation of citizens in the protection of public order, as well as the methods of motivation of citizens for this type of activity have been analyzed. The suggestions for improving regulatory, social, organizational measures aimed to attract citizens to the protection of public order have been presented.

The article is dedicated to the analysis of the legal regulation of state information systems of the subjects of the Russian Federation and their correlation with guarantees of constitutional rights of citizens. The relevance of the research topic is due to the special significance of regional state information systems in the implementation of the constitutional rights of individuals and citizens in the modern information environment. Problems arising in the legislation and law enforcement activities of the subjects of the Russian Federation in the field of state information systems are examined. The purpose of the study is to determine the features and specifics of legal regulation of state information systems of the constituent entities of the Russian Federation, the identification of these problems is regulated by subsequent proposals to improve legislation and law enforcement practice in this area. Research objectives: analysis of the norms of regulatory legal acts of the constituent entities of the Russian Federation, adjusting these systems; identification of the specifics of regional approaches in the relevant regulation; study of law enforcement practice and preservation of foreign experience in this area; determination of the role of state information systems of the constituent entities of the Russian Federation in the constitutional implementation of human and civil rights. Currently, regional state information systems represent new tools for the realization of citizens’ constitutional rights, the regulation of which is dominated by subordinate legislation. Considering the rapid development of information systems, it seems that a balanced approach is a framework legal regulation of regional state information systems through a law of the constituent entity of the Russian Federation, containing guarantees of citizens’ constitutional rights when they are implemented electronically with the help of relevant information systems, on the basis of which subordinate regulation should be carried out. It is proven that the practice of implementing constitutional rights of citizens exclusively in electronic form through a regional state information system has negative consequences for the constitutional and legal status of a citizen, limiting the possibility of exercising constitutional rights, and in case of technical failures, makes implementation impossible.