Suchergebnisse

The European Courts have maintained a restrictive approach to participation rights in EU administrative procedures. The right to be heard is primarily recognised to addressees of unfavourable administrative decisions or, at any rate, to those directly and individually concerned by them. As such, its scope is limited to procedures leading up to the adoption of individual decisions. In this book chapter, it is argued that the limits set by the European Courts, in particular the principled exclusion of participation rights from rulemaking procedures, lead to a mismatch between the powers exerted by the EU administration and the procedural guarantees that are recognised to the persons affected. Furthermore, these limits are unjustifiable in the light of the rationales of participation rights, as these have been interpreted by the European Courts. In contrast to the Courts' stance, the author puts forward criteria that may lead to the recognition of participation rights in a way that better suits the requirements of the rule of law and a paradigm of EU administrative law that is respectful of the rights and legally protected interests of the citizens. In addition, the restrictive legal approach to participation rights contrasts with the increased resort to participation in EU governance. This book chapter also highlights the contrast between the scope and meaning of more political forms of participation, on the one hand, and participation rights, on the other, and argues that a broader recognition of participation rights contributes to bridging the distance between the configuration of participation in the political realm, on the one hand, and in the legal realm, on the other.

Childhood is that period during which persons are subject to a set of rules and regulations unique to them, and one that does not apply to members of other social categories. Moreover, childhood is a period in a person's life during which he/she is neither expected nor allowed to fully participate in various domains of social life. (Shamgar-Handelman, 1994, p. 251)

This paper is contextualised around the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 in India, which recognises both individual and community rights of the Scheduled Tribes and other traditional forest dwellers relating to forest land and forest produce. The Forest Rights Act, along with the Panchayats (Extension to the Scheduled Areas) Act 1996, also recognises decision-making power of the Scheduled Tribes to make decisions regarding claims on forest land. The paper argues that the recognition of such participation rights, broadly understood as the right to participate in specific decisions that impact our other rights, can be an important means for strengthening democracy in India. This creates space for oppressed communities who may face exclusion in other institutions, to directly participate in decisions involving their substantive rights. It holds the potential to deepen a deliberative version of democracy, creating space for discussion and deliberation within communities while deciding questions regarding their rights, rather than a version of democracy based on interest-bargaining and power-play. Participation rights may also serve as an important tool for oppressed people to secure their substantive rights, such as the right to forest land. The paper therefore contributes to wider debates around democracy and rights. It explores what we understand by 'democracy', advocating for a deliberative view of democracy. It explores how democracy relates to rights, both participation rights and substantive rights. Lastly, it evaluates the design of existing participation rights - the Forest Rights Act and the Panchayats (Extension to the Scheduled Areas) Act 1996 - to examine whether these are designed to deepen deliberative democracy and secure substantive rights. It concludes that existing participation rights are flawed, but there is potential to interpret these in a manner that strengthens deliberative democracy, and the ability of participation right to secure substantive rights to forests, by relying on the Indian Supreme Court's jurisprudence in Orissa Mining Corporation.

The book under review advocates for participation in decision-making as a fundamental human right which cannot be denied to disabled children. Informed by the 1948 Universal Declaration of Human Rights, by conventions, such as the the 2006 Convention on the Rights of Persons with Disabilities, and by a vast repertoire of research literature, including relevant court cases, such as those heard before the European Court of Human Rights, the book makes a forceful case for disabled children's rights in general and for their participation rights in health, education, home life and relationships, highlighting ways in which these rights are validated, valorised and celebrated, as well as analysing barriers that block access to and enjoyment of such rights. ; peer-reviewed

A growing body of research reveals the emergence of forms of youth public participation, intensified by digital technologies, practices and cultures. This is a multilevel study of the reconstruction of Lebanese youth and children's rights in the digital age through discourses and practices of participation in the #YouStink protest movement against a waste collection crisis. The article explores these rights by focusing on children and young people's engagement with the movement, their ability to express their views freely and to influence decisions. It analyses how such participation through communicative, cultural and political practices becomes a contested resource for various actors, institutions and networks.

The democratic boundary problem raises the question of who has democratic participation rights in a given polity and why. One possible solution to this problem is the all-affected principle (AAP), according to which a polity ought to enfranchise all persons whose interests are affected by the polity's decisions in a morally significant way. While AAP offers a plausible principle of democratic enfranchisement, its supporters have so far not paid sufficient attention to economic participation rights. I argue that if one commits oneself to AAP, one must also commit oneself to the view that political participation rights are not necessarily the only, and not necessarily the best, way to protect morally weighty interests. I also argue that economic participation rights raise important worries about democratic accountability, which is why their exercise must be constrained by a number of moral duties.

The democratic boundary problem raises the question of who has democratic participation rights in a given polity and why. One possible solution to this problem is the all-affected principle (AAP), according to which a polity ought to enfranchise all persons whose interests are affected by the polity's decisions in a morally significant way. While AAP offers a plausible principle of democratic enfranchisement, its supporters have so far not paid sufficient attention to economic participation rights. I argue that if one commits oneself to AAP, one must also commit oneself to the view that political participation rights are not necessarily the only, and not necessarily the best, way to protect morally weighty interests. I also argue that economic participation rights raise important worries about democratic accountability, which is why their exercise must be constrained by a number of moral duties.

The Convention on the Rights of the Child states that all children and young people have the right to have a voice in matters concerning them, in accordance with age and maturity. In the endeavour to make youth sport a safe place free from abuse and harassment, it is crucial to ensure that young athletes can exercise their participation rights. Drawing from an online study involving over 550 Swedish young equestrians aged 15–17, the aim was to investigate whether and in what ways young equestrians can make their voices heard. The results show that the possibility to have a voice is conditioned by sociocultural factors such as what type of stable the youths are active in. The results are analysed from 'The ladder of participation'. In sum, social interaction and access to horses are important conditions for how young equestrians experience the possibility to have a voice.