The politics of human rights in democratic Brazil: ‘A lei não pega’

In spite of the important democratic advances registered since Brazil returned to democracy in 1985, widespread human rights violations associated with the right to life continue to be reported. This article examines the nature of human rights violations and the government's attitude to them. Since 1985 there has been a fundamental shift in the relationship between the perpetrators of violations and the state authorities, in the identity of the victims, the motives behind the crimes and the political context in which they take place. During the same period the governments’ response to human rights violations has evolved from a reactive to a pro‐active strategy, culminating in the launching of the country's first National Plan for the Protection of Human Rights, in May 1996. The article concludes that despite some positive developments, the underlying causes, pattern and intensity of human rights violations continue essentially unabated.     

Analysis of Dental Case Reports in the Context of Court Decisions: Causal Nexus and Aspects of Fault

The purpose of expert reports is to support the judge in his decisions, by providing technical information. However, it remains uncertain as to what extent the content of these reports is used, and if they are effectively associated with judicial decisions. The aim of this study was to perform a qualitative analysis of case reports in relation to the judicial decisions rendered in association with these reports, by determining the connection between causal nexus and aspects of fault. The case reports included lawsuits against dentists, issued by the Medical Justice Department of the State Court of Appeals of Rio Grande do Sul, Brazil, between 2010 and 2013. Comparing the percentage of agreement between case report and judicial decision, causal nexus was 79.9% and fault was 86.7%. The high percentages of agreement found in relation to fault and causal nexus highlight the relevance of expert reports in weighing the judge's decision.     

The Complexity of Marriage in Rural Ethiopia: Parental Transfers and Post-marital Residence Choices

This paper examines the relationship between parental transfers and post-marital residence of children in rural Ethiopia. We investigate whether asset transfers to children are an avenue which parents use to secure old age. We model post-marital residence and transfers simultaneously in a two-stage probit least squares estimation framework. We find a positive relationship between transfers and post-marital residence, a proxy for old age support. Children who receive more assets are more likely to stay at birth place after marriage and vice versa. In conditions of scarce or lacking social security mechanisms, parents make strategic transfers to ensure better old age.     

State budget support to local government

The principle of self-government is essentially a new phenomena in the Czech Republic. Under the previous regime, almost everything was ruled by the central government. At the present time, the major constraint to local budget reform is primarily from the local authorities’ lack of experience. While on one hand, this gives the Czech Republic a challenge to avoid some of the mistakes made in several developed countries, it is, on the other hand, difficult to make estimates of the possible responses to any change. Next to the lack of experience, there is a strong feeling both at the local and the central levels of government that the self-government bodies should have almost no regulation from the central government. The current opinion is that their control should be left only to the respective electorate. There is also the belief that self-government units should become increasing financed by tax revenues derived from within their own area. An additional complication is the lack of common non-governmental institutions (different associations and others) which usually smooth the the relationship between local and central governments. The changes in the Czech Republic are not yet complete. After the changes in the legal framework, the complete reform of the tax and social systems were to follow. While the essentials of tax reform were introduced in January 1993, the changes in the social systems are still under consideration. In spite of the relatively short history of having true local authorities functioning in the Czech Republic, the establishment of an additional level of government is being proposed. This issue is reopening some already closed matters and will bring a change to the whole system. As in many other countries, the division of responsibilities between different levels of government will probably continue to be discussed until the end of time.     

The Development of Pensioners’ Interest Organisations in Central and Eastern Europe: A Comparison of the Czech and Slovene Cases

Studies of organised interests in Central and Eastern Europe have overlooked constituencies shaped by the welfare state such as retired people. The article compares the development, structure and strategies of pensioners’ interest organisations in the Czech Republic and Slovenia. It finds that sizeable, if poorly resourced, membership-based pensioners’ interest organisations have emerged, largely independently of trade unions, and integrated into interest representation systems. Although lack of resources and organisational problems hamper lobbying capacity, these groups retain mobilisation potential. Comparison suggests that legacies and modes of transition still shape pensioners’ interest organisations more than institutional structures or new population ageing strategies.     

Insurgent Strategies in the Post-Cold War: The Case of the Revolutionary Armed Forces of Colombia

This article analyzes the adaptation of the Revolutionary Armed Forces of Colombia (FARC) to the post-Cold War strategic scene. In this process of change the Colombian guerrilla organization has broken away from the traditional behavior patterns of Latin American armed groups in four key ways. First, the FARC has reduced the rigidity of its ideology in order to make its political message more attractive. Second, it has made a great effort to boost its military potential. Third, it has established independent channels of funding and arms supply. Finally, the Colombian rebels have developed a very decentralized organic structure that nevertheless maintains a sufficient degree of cohesion. These innovations have made the FARC a new model of insurgency that has managed to corner the Bogota government and destabilize a significant part of the Andean region.     

Corsica: France's Petite Security Problem

The island of Corsica has experienced for the past thirty years a wave of low-scale terrorism. Self-declared Corsican nationalists fight for their homeland to become independent from mainland France, without much success, and with diminishing support from the island's population. Even though the level of violence has never reached the levels of destruction and casualties as in other European homegrown-terrorist groups, it is important for the Nikolas Sarkozy administration to deal with Corsican pseudo-separatism once and for all. This movement (whether criminal in nature or truly nationalistic) has proven to be long-lasting, resourceful, and deadly, thus it should not be underestimated.     

Argumentative Representation and Democracy: A Critique of Alexy's Defense of Judicial Review of Legislation

Robert Alexy has argued that the democratic objection to judicial review of legislation can be successfully addressed by assuming that judges exercise a special form of argumentative representation. In this article we argue that Alexy does not explain (as he should) under what circumstances judicial review tends to produce better decisions than parliamentary procedure, nor does he explain how judicial review can have a greater intrinsic value than parliamentary procedure. Subsequently, we argue that the intrinsic value of argumentative representation depends on the promotion of citizen deliberation, whereas its instrumental value depends on judges being committed to the rights of discrete and insular minorities in the face of hostile majorities.