Realising political equality: the European Court of Human Rights and positive obligations in a democracy'

The European Convention on Human Rights (ECHR) speaks of the importance of an “effective political democracy” in its Preamble, though it is only in Article 3 of Protocol 1 (P1-3) that we find a right to free elections. This paper discusses the role of “positive obligations” under P1-3. This paper outlines the positive obligations in P1-3 focusing on obligations where the state is required to do more than just change the law. This may mean providing resources or facilities, adopting regulatory frameworks or creating new institutions. The paper highlights specific positive obligations that need to be further developed in the jurisprudence of the European Court of Human Rights (ECtHR). Sometimes these can be developed by analogy with positive obligations recognised in other areas of ECtHR jurisprudence. However, beyond these cases, states should ensure that members of vulnerable and disadvantaged minorities are able to participate in the electoral process and should ensure that dominant political groups cannot abuse their political power to exclude other parties unfairly. This is necessary to realise equal political rights. The second section of this paper sketches some preliminary points about the Strasbourg institutions’ approach to P1-3. After that, the third section identifies circumstances where the ECtHR should apply a more intense scrutiny in P1-3 cases. The fourth, fifth and sixth sections look at positive obligations relating to the right to vote, the right to run for election and the regulation of political parties.

Equalising opportunities for women in electoral politics in Ireland: The Views of Women Members of Parliament

This paper examines the attitudes of women political elites in Ireland toward positive action initiatives that would assist in increasing women's legislative presence. An earlier study isolated family responsibilities and lack of finance as significant barriers for Irish women wishing to enter, and stay in, political life. In addition, scholarly and policy debates on boosting women's parliamentary representation focus on manipulating electoral or party selection rules along with strategies for making a political career more compatible with women's socially determined responsibilities. This paper examines how Irish women politicians respond to various suggestions for positive action in these three arenas: combining legislative and family responsibilities, funding a political campaign and getting elected. The paper highlights the broad consensus among women politicians, irrespective of party, self-interest, or length of service, favoring certain positive action initiatives, as well as their reluctance to support other options. It also illustrates the complexity of implementing some of these reforms. In addition, the paper emphasizes how cultural expectations and values act to inhibit women's political agency.

Prospects for women's legislative representation in postsocialist Europe: the views of female politicians

Research on women’s political representation in post-socialist Europe has highlighted the role of cultural and political factors in obstructing women’s access to legislative power, such as the prevalence of traditional gender stereotypes, electoral systems, and the absence of a feminist movement. Yet the role of women political elites in enhancing or hindering women’s access to political power in the region has so far remained uncharted. This article seeks to fill some of the existing gaps in this literature by examining the views of women politicians with regard to women’s political underrepresentation and their assessments of strategies for redressing this imbalance. Findings from the analysis reveal that although women politicians recognize gender inequalities in representation as a problem requiring intervention, how the problem is perceived, and the preferred measures to deal with it, is largely shaped by the social and cultural context in which these actors are embedded.

Article 23: Equality between women and men

This analysis of Article 23 CFREU (Charter of Fundamental Rights for the European Union) argues that this provision can promote a more progressive understanding of gender equality then promoted by the European Court of Justice, in that it requires actual change in gender relations. It also finds shortcomings in that the EU conceptualises gender equality by relating women to men, thus falling short of providing a basis for women's rights.

The Victorian Press and the Fairy Tale (paperback)

Victorian writers often claimed that the press was killing the fairy tale. In fact, it ensured the genre's popularity, bringing literary tales and folklore to the first mass readerships. Exploring penny weeklies, adult and children's monthlies, little magazines and the labour press, this innovative study is the first to combine media and fairy tale history. Bringing reading communities back into focus, Sumpter explores ingenious political uses of the fairy tale: in debates over socialism, evolution and race, and in the context of women's rights, decadence and gay culture. The book offers new insights into the popularisation of folklore and comparative science, and also recovers neglected visual material. From the fantasies of Kingsley, MacDonald and J. H. Ewing to the writings of Keir Hardie, Laurence Housman and Yeats, Sumpter reveals that the fairy tale was intimately shaped by the press, and that both were at the heart of nineteenth-century culture.

The paperback edition includes a new Preface.

Giving Afghan women a voice:Women's writing in Afghanistan.

This article considers how far women's rights have improved in Afghanistan since the intervention by the international community in 2001. It examines this question through the author's experience of working with an Afghan women's writing group. It looks at the tension between allowing Afghan women to voice their experiences, and the danger of their writing embracing depictions of the female as ‘victim’. It concludes that while depictions of Afghan womanhood may appear to promote ‘negative’ images, the women themselves offer positive role models.

Freedom of Expression and Hate Speech

This is a study of free speech and hate speech with reference to the international standards and to the United States jurisprudence. The study, in a comparative and critical fashion, depicts the historical evolution and the application of the concept of ‘free speech,’ within the context of ‘hate speech.’ The main question of this article is how free speech can be discerned from hate speech, and whether the latter should be restricted. To this end, it examines the regulation of free speech under the First Amendment to the United States Constitution, and in light of the international standards, particularly under the International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Civil and Political Rights, and the European Convention on Human Rights and Fundamental Freedoms. The study not only illustrates how elusive the endeavour of striking a balance between free speech and other vital interests could be, but also discusses whether and how hate speech should be eliminated within the ‘marketplace of ideas.’

Territoriality and Migration in a Divided Society: Lay Theories of Citizenship and Place in Northern Ireland

The study of citizenship has increasingly focused on the ways in which spatialized understandings of the concept can be used to marginalise and exclude social groups: exclusive constructions of national boundaries, local neighbourhoods and public spaces can deny marginalised groups their social and political rights. Less attention has been paid to how constructions of place can accommodate different groups’ rights and promote peaceful coexistence. This is particularly important in locations where migration disrupts existing understandings (‘lay theories’) of the relationship between residency, identity and collective rights. The present research examines how spatialized understandings of citizenship shape perceptions of intergroup mixing in previously segregated areas of a post-conflict society. Critical Discursive Social Psychological (CDSP) analysis of 30 interviews with long-term residents and recent migrants to increasingly mixed areas of Belfast shows that, while all pa
rticipants acknowledged Northern Ireland’s territorialisation, different lay theories of citizenship underpin the possibility and desirability of intergroup coexistence. Long-term residents drew upon understandings of the negative citizenry of the outgroup to argue against the possibility of peaceful coexistence within their locale, while recent incomers gave evidence of their own experiences of good citizenship within the shared spaces of neighbourhood to demonstrate that this could and should be achieved. The implications of lay theories of citizenship for the study of residential migration and mixing are discussed

Witness Anonymity at the International Criminal Court: Due Process for Defendants, Witnesses or Both?

The question of how far and in what way to extend protection to witnesses in trials has manifested itself in institutions as diverse as the European Court of Human Rights (ECHR), the Committee of the International Covenant on Civil and Political Rights (ICCPR), the ad hoc criminal tribunals (International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone), and most recently the International Criminal Court (ICC). This is not surprising; as David Lusty has pointed out in his seminal analysis of the use of anonymous accusers, the question has arisen in almost every legal deliberative body for the past two thousand years.

'A Job in Politics is not for Woman': Analysing Barriers to Women's Political Representation in CEE

This article discusses women’s political representation in Central and Eastern Europe in the fifteen years after the fall of the Berlin Wall and the adoption of liberal democratic political systems in the region. It highlights the deepseated gender stereotypes that define women primarily as wives and mothers, with electoral politics seen as an appropriate activity for men, but less so for women. The article explores the ways in which conservative attitudes on gender roles hinders the supply of, and demand for, women in the politics of Central and Eastern Europe. It also discusses the manner in which the internalisation of traditional gender norms affects women’s parliamentary behaviour, as few champion women’s rights in the legislatures of the region. The article also finds that links between women MPs and women’s organisations are weak and fragmented, making coalition-building around agendas for women’s rights problematic.