3 resultados para Fundamental rights. Protection principle. Dignity
em Digital Commons at Florida International University
Resumo:
The study explored when, under what conditions, and to what extent did European integration, particularly the European Union’s requirement for democratic conditionality, contribute to democratic consolidation in Spain, Poland, and Turkey? On the basis of a four-part definition, the dissertation examined the democratizing impact of European integration process on each of the following four components of consolidation: (i) holding of fair, free and competitive elections, (ii) protection of fundamental rights, including human and minority rights, (iii) high prospects of regime survival and civilian control of the military, and (iv) legitimacy, elite consensus, and stateness. To assess the relative significance of EU’s democratizing leverage, the thesis also examined domestic and non-EU international dynamics of democratic consolidation in the three countries. By employing two qualitative methods (case study and process-tracing), the study focused on three specific time frames: 1977–1986 for Spain, 1994–2004 for Poland, and 1999–present for Turkey. In addition to official documents, newspapers, and secondary sources, face-to-face interviews made with politicians, academics, experts, bureaucrats, and journalists in the three countries were utilized. The thesis generated several conclusions. First of all, the EU’s democratizing impact is not uniform across different components of democratic consolidation. Moreover, the EU’s democratizing leverage in Spain, Poland, and Turkey involved variations over time for three major reasons: (i) the changing nature of EU’s democratic conditionality over time (ii) varying levels of the EU’s credible commitment to the candidate country’s prospect for membership, and (iii) domestic dynamics in the candidate countries. Furthermore, the European integration process favors democratic consolidation but its magnitude is shaped by the candidate country’s prospect for EU membership and domestic factors in the candidate country. Finally, the study involves a major policy implication for the European Union: unless the EU provides a clear prospect for membership, its democratizing leverage will be limited in the candidate countries.
Resumo:
This thesis examines the use of ad hoc national truth commissions created to address human rights violations committed by repressive regimes. To analyze truth commissions' contributions to human rights protection and democratic transitions, a framework is developed to analyze: (1) the challenges in addressing past violations; and (2) the influence of coercive forces, such as the military, on decision-making regarding these violations. A survey of nineteen commissions and close review of the specific experience in Argentina, El Salvador, and South Africa suggests that governments face daunting challenges in harnessing coercive forces, and consequently past human rights violators are often granted amnesties and pardons. While truth commissions usually signal some commitment to the principles of democratic governance, they may serve primarily to legitimate a successor government and as such may fail to represent a long-term commitment to human rights protection. ^
Resumo:
The weak democratic systems that followed decades of military dictatorships in Latin America coupled with the emergence of new authoritarian regimes of the left have had a significant impact on the relationships between the governments and the media. The new populist leaders have challenged the media that have generally reflected the perspectives of the traditional elites. This ideological clash has renewed direct and indirect censorship, curtailing freedom of expression and thus, freedom of the press. In this context, this paper discusses the mechanisms used by Latin American governments, particularly the new authoritarianism of the left, to silence dissident voices. Many of these mechanisms are legal, found in laws related to personal injury and defamation. Others have been of constitutional nature, invoking states of emergency or national security concerns. Some governments have used institutional means to close down newspapers and other sources of information. Current media conditions in Latin America show growing polarization. This has led to considerable levels of violence and intimidation against editors, journalists, and news crews in several countries. It is precisely this type of deterioration of fundamental rights that leads to questioning the strength and sustainability of Latin American democracies.