The right to political participation: a study of the judgments of the European and Inter-American Courts of Human Rights

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- List of Contributors -- Foreword: The Right of Rights -- Acknowledgements -- List of acronyms and abbreviations -- The Role of International Human Rights Courts in ensuring the right to political participation and promoting sustainable democracy and the methodology behind the research -- Part I The European Court of Human Rights -- Chapter 1 The (lack of) impact of the European Court of Human Rights' judgement on the protection of political rights in Azerbaijan -- Chapter 2 Crackdown on dissent: The Court of Strasbourg and the right to vote in Bulgaria -- Chapter 3 The role of the European Court of Human Rights in Cyprus -- Chapter 4 The right to vote of persons with mental disabilities in Hungary under Art. 3 of Protocol 1 to the European Convention on Human Rights -- Chapter 5 Italian Democracy in Strasbourg and the compliance with European Court's judgments on political rights: A light in a dark panorama -- Chapter 6 Democracy and political participation in the countries of the former Yugoslavia: A complicated combination under the lens of the European Court of Human Rights -- Chapter 7 At any cost?: The economic and legal response of Romania to the European Court of Human Rights Judgments relating to Art. 3 of Protocol 1 to the European Convention on Human Rights -- Chapter 8 Right to vote and the right to have the last word: Russia and the European Court of Human Rights facing political rights -- Chapter 9 Democracy and the right to free elections in Turkey: What role for the European Court of Human Rights? -- Chapter 10 Prisoners' voting rights and the long-lasting political resistance to the implementation of the European Court of Human Rights' judgments -- Part II The Inter-American Court of Human Rights.

The (not) impact of the European Court of Human Rights' judgement on the protection of political rights in Azerbaijan (Palmina Tanzarella) -- Crackdown on dissent : the Court of Strasbourg and the right to vote in Bulgaria (Paolo Zicchittu) -- The role of the European Court of Human Rights in securing voting rights of minorities in the ethnically-divided Republic of Cyprus (Irene Valotti) -- The right to vote of persons with mental disabilities in Hungary under Art. 3 of Protocol 1 to the European Convention on Human Rights (Simone Gianello) -- Italian democracy in Strasbourg and the compliance with European Court's judgments on political rights. A light in a dark panorama (Irene Spigno) -- Democracy and political participation in the countries of the Former Yugoslavia : a complicated combination under the lens of the European Court of Human Rights (Francesca Pirola) -- At any cost? the economic and legal response of Romania to the European Court of Human Rights judgments relating to Art. 3 of Protocol 1 to the European Convention on Human Rights (Francesca Mussi) -- Right to vote and the right to have the last word : Russia and the European Court of Human Rights facing political rights (Simone Penasa) -- Democracy and the right to free elections in Turkey. What role for the European Court Of Human Rights? (Valentina Rita Scotti) -- Prisoners' voting rights and the long-lasting political resistance to the implementation of the European Court of Human Rights' judgments (Alessandra Osti) -- The protection of the political rights of minorities in the Inter-American system. An analysis of the Norin Catrimán case and the right to political participation in the state of Chile (Laura Cappuccio) -- Threats against political rights and democracy in Colombia : execution of political leaders (José Antonio Estrada Marún, Luis Efrén Ríos Vega, and Lillian Sánchez Calderoni) -- Political rights of human rights defenders and indigenous leaders in the Inter-American Court : a case study from Guatemala (Vanessa Gutiérrez Espinoza, Magda Yadira Robles Garza) -- Electoral rights In Nicaragua : the unbearable lightness of non-implementation? (Gabriella Citroni) -- Political rights in Venezuela : an outstanding issue (Yessica Esquivel Alonso, Fernando Gustavo Ruz Dueñas) -- An empirical assessment based on political economy -- The relationship between the courts of human rights decisions and voter turnout. An empirical analysis on Europe and Latin America (Simone Pellegrino, Gilberto Turati) -- Conclusions : Are contemporary democracies sustainable? some concluding remarks (Gabriella Citroni, Irene Spigno, Palmina Tanzarella).

"This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the "democratic argument", that is, arguments related to democracy and political rights. The reasoning is that although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters' participation in the countries under their jurisdiction. To this end, an original dataset including the 47 member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built"--