Young People's Human Rights and the Politics of Voting Age 2011 ed. [Kõva köide]

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The broader societal implications of voting age requirements is explored in this in-depth overview, in addition to the legislative bar against youth voting in North America and in Commonwealth countries. The text uniquely addresses the youth vote as a fundamental human rights concern.

Young People's Human Rights and The Politics of Voting Age explores the broader societal implications of voting age eligibility requirements and the legislative bar against youth voting in North America and in Commonwealth countries (where 'youth' is defined as persons 16 and over but under age 18). The issue is raised as to whether the denial of the youth vote undermines democratic principles and values and ultimately the human dignity of youth. This is the first book to address the topic of the youth vote in-depth as a fundamental human rights concern relating to the entitlement in a democracy to societal participation and inclusion in influencing policy and law which profoundly affects one's life. Also examined are international perspectives on the issue of voting age eligibility. The book would be extremely valuable for instructional purposes as one of the primary texts in undergraduate or graduate courses on children's human rights, political psychology, political science , sociology of law or society and as a supplementary text for courses on human rights or constitutional law and would be of interest also to members of the general public concerned with children's human rights issues.
Part I The Philosophical Context of the Minimum Voting Age Question
1 Alternative Philosophical Perspectives on the Origin and Nature of Human Rights
3(18)
1.1 The Embattled Notion of Universal Human Rights: In Introduction
3(1)
1.2 The Embattled Notion of Universal Human Rights
4(1)
1.3 On Whether the Notion of Human Rights is Intrinsically Inter-Subjective
5(2)
1.4 On Whether Appreciating One's `Right to Have Rights' Requires a Certain Level of Cognitive Competence
7(1)
1.5 On Discovering One's Human Rights
8(2)
1.6 Evaluating Various Perspectives on the Origin of the Notion of Human Rights
10(2)
1.6.1 The Discourse Notion of the Origin of Human Rights
10(1)
1.6.2 The Protest Notion of the Origin of Human Rights
11(1)
1.6.3 Human Rights Concepts as the Products of Inter-Subjective Agreements
11(1)
1.7 A Critique of the Post-Modern View of Human Rights as Context-Specific and of the Pre-Disposition to a Non-Interventionist Stance
12(1)
1.8 Analysis of the Alan Dershowitz Model of the Origin of Human Rights Notions
13(1)
1.9 Challenging the Political Conception of Human Rights
14(7)
Part II Socio-Cultural Factors and the Minimum Voting Age
2 Examples of Contextual Factors in the Youth Struggle for the Vote
21(8)
2.1 Historical Examples of Voting Rights for Persons Below the Usual Age of Majority for Political Citizenship in their Particular Societies
21(1)
2.2 Youth in the `Developing World': Adult Responsibilities but Still No Right to Vote
22(7)
Part III Voting Age Eligibility: Human Rights Issue or Social Policy Matter?
3 The Human Rights Imperative and Minimum Voting Age
29(44)
3.1 The Gatekeeper Model of Recognition of a Human Rights Claim as Legitimate and it's Application to the Youth Voting Rights Struggle: Introduction
29(4)
3.1.1 The Clifford Bob Model on the Process for International Legitimization of `New' Human Rights Claims
32(1)
3.2 The Devolution of the Youth Voting Age Struggle from `Human Rights Struggle' to `Social Policy Issue': The Canadian Example
33(5)
3.3 The Supreme Court of Canada's Downgrading of the Youth Human Rights Struggle for the Vote to a Social Policy Issue
38(9)
3.3.1 Acknowledgement by the Supreme Court of Canada in Sauve of the Fundamental Nature of the Right in Question (Voting Rights)
39(1)
3.3.2 The SCC Denial---When the Rights Holders Are Young People Under 18 Years---that Age Restrictions on the Vote Need to be Justified by the Government as Compatible with the Values of a Free and Democratic State
39(3)
3.3.3 The Supreme Court of Canada's Holding that the Government's General Social and Political Philosophy is an Unconstitutional Basis for Denial of the Vote to Canadian Citizens with the Exception of Canadians Under Age 18 Years
42(3)
3.3.4 The s. 3 Canadian Charter Guarantee of Universal Suffrage as Shielded from Suspension under the Notwithstanding Clause (s. 33 of the Charter)
45(2)
3.4 Disenfranchisement of Citizens under Age 18 Years---the `Taking Away' of a Pre-existing Inherent Fundamental Human Right and an Ongoing Human Rights Violation
47(3)
3.5 The Right to Vote as an Indicia of Moral Worth: The Example of Suffrage Movements for Women and Felons and Lessons Regarding the Youth Voting Rights Struggle
50(4)
3.5.1 The Exclusionary Aspects of Various Voting Rights Movements and the Implications for the Perceived Moral Worth of the Citizen
50(2)
3.5.2 Opponents to the Vote at 16 and Their Refusal to Acknowledge the Impact of an Age-Based Exclusion in the Vote on the Perceived Moral Worth of 16-and 17-Year-Olds as Citizens
52(2)
3.6 Voting Rights and the Issue of Personal Autonomy
54(4)
3.7 A More Proportional Response to the Question of Age Considerations and the Vote: A Model Which Does Not Incorporate an Absolute Bar on Voting for Under 18s
58(15)
3.7.1 Introduction
58(1)
3.7.2 Voting Rights for Youth Aged 14 Years and Older but Under 18 Years
59(2)
3.7.3 Voting Rights for Persons under Age 14 Years
61(4)
3.7.4 The Proxy Voting Notion
65(1)
3.7.5 Philosophical Problems with the Notion of a Proxy Vote on Behalf of Minors
66(7)
Part IV A Victory for the Vote at 16 in Austria Goes Largely Ignored in Other States
4 Austria and the Vote at 16
73(8)
4.1 `Are We There Yet?': The 2007 Lowering of the Minimum Voting Age to 16 in Austria Cast as a Political Policy Choice and Not an Affirmation of an Inherent Fundamental Human Right
73(8)
Part V Rationalizing of the Violation of U.K. Youth's Inherent Right to Suffrage
5 The U.K. Example of Resistance to the Vote at 16: The U.K. Electoral Commission and Select U.K. Social Scientists
81(18)
5.1 The U.K. Electoral Commission's Under-Cutting of the Youth Voting Rights Issue as a Fundamental Human Rights Matter
81(7)
5.2 Opposition from U.K. Social Scientists to Lowering the Voting Age to 16 in the United Kingdom
88(11)
Part VI The 26th Amendment to the U.S. Constitution and Eligible Voting Age
6 The 26th Amendment to the U.S. Constitution: Does it Really Make Age Discrimination in the Vote Against Under 18s Constitutional? The Broader Lessons
99(34)
6.1 The Pre-1971 Movement to Lower the U.S. Minimum Voting Age From 21 Years to 18 Years: Lessons for the Contemporary Struggle for a Minimum Voting Age of 16 Years
99(3)
6.1.1 Recognizing the Potential Power of the Youth Vote
99(3)
6.2 Lessons to be Learned from the U.S. Congressional Debates on Lowering the U.S. Voting Age from 21 to 18 Years
102(24)
6.2.1 On Immutable Characteristics and Whether the Denial of the Vote to Under 18s Constitutes Age Discrimination
102(4)
6.2.2 On Why the Absolute Bar Against Under 18s Voting is Unconstitutionally Discriminatory
106(4)
6.2.3 The Constitutional Right to Vote Versus Age Discrimination in Access to the Vote
110(3)
6.2.4 On Whether the Canadian Charter of Rights and Freedoms and the U.S. Constitution Provide Protection Against Age-Based Discrimination in Voting Only for Those Aged 18 Years and Older
113(7)
6.2.5 Unconstitutional Barriers to the Vote Incorporated in Electoral Law as Purported `Standard Qualifications' for the Franchise
120(1)
6.2.6 More Commentary on the 26th Amendment to the U.S. Constitution Regarding Voting Rights
121(1)
6.2.7 Ethnic, Color and Gender Discrimination in the Vote: Are They Analogous to Age-Based Restrictions on the Franchise?
122(3)
6.2.8 Misinterpretation of the Wording of the 26th Amendment to the U.S. Constitution on the Issue of Age Discrimination in the Vote
125(1)
6.3 A Few Additional Comments Regarding the Alberta Teen Voting Rights Case
126(7)
Part VII Barriers Coming From Unlikely Sources to Youth's Struggle to Access the Basic Human Right to Suffrage
7 The Youth Vote as a Human Right and Resistance from High Profile International and National Human Rights Gatekeepers
133(34)
7.1 Children as a Minority Group: Reframing the Youth Voting Issue as a Human Rights Struggle
133(3)
7.1.1 HIV/AIDS Affected Children and Youth and the Implications for Understanding the Youth Vote as a Basic Human Right
133(3)
7.2 The Role of International Organizations and Institutions in Stalemating the Youth Voting Rights Movement: An Example
136(5)
7.3 Opposition from Human Rights Organizations Including the United Nations, High Profile NGOs and Individual States to the Youth Voting Rights Struggle
141(11)
7.4 More on Barriers to the Youth Vote
152(2)
7.5 The Youth Vote at 16 as a Basic Human Right Versus a `Special Right'
154(2)
7.6 Examples of High Profile National Organizations and Their Contribution to De-legitimizing the Contemporary Youth Voting Rights Struggle
156(11)
7.6.1 The U.S. National Education Association and the Youth Voting Rights Struggle
157(3)
7.6.2 Kids Voting USA: A Civics Education Initiative
160(3)
7.6.3 The American Civil Liberties Union and the U.S. Youth Voting Rights Struggle
163(4)
Part VIII Re-Examining Alleged Rationales for the Bar Against the Vote for Under 18s
8 Unconstitutional Age-Based Discrimination in the Vote Applied on Account of Young Age
167(50)
8.1 Human Rights and Electoral Law
167(3)
8.1.1 Electoral Law as an Institutionalized Cultural Norm That De-legitimizes Youth's Human Rights Claim for Suffrage
167(3)
8.2 Lessons from the Dissenting Justices in Oregon v Mitchell on the Constitutional Basis for Youth Voting Rights
170(5)
8.3 The Impact of Electoral Law on the Interests and Rights of Young People
175(3)
8.4 Human Rights and Discrimination on Account of Young Age: Lessons from an Ontario Human Rights Tribunal Case
178(2)
8.5 The Absence of a Compelling State Interest in Excluding 16- and 17-Year Olds from the Vote
180(3)
8.6 Age-Based Restrictions on the Vote as an Invidious Form of Direct Discrimination
183(5)
8.7 If You're a Minor; We'll Take Your Federal Political Campaign Contribution but Not Your Vote: Selective Constitutional Rights to Freedom of Expression and Association
188(6)
8.8 Lessons on Unconstitutional Age-Based Restrictions on Freedom of Expression (i.e. Political Expression or `Political Speech') from McConnell (United States Senator) v Federal Election Commission et al. and Their Applicability to the Vote at 16 Question
194(5)
8.9 Inter-generational Injustice and the Exclusion of 16- and 17-year-olds from the Vote
199(2)
8.10 Universal Suffrage, Free Expression and Freedom of Association versus Age-Based Voter Qualifications
201(6)
8.11 Disenfranchisement of Minors Fallaciously Used as a Rationale for the Denial to Older Adolescents of Other Constitutionally-Protected Participation Rights
207(10)
Part IX Voting Age Eligibility and the Societal Marginalization of Under 18s
9 Minors' Perspectives on Their Citizenship Status
217(10)
9.1 Minors' Perceptions of Being Second-Class Citizens Due to Their Exclusion from the Vote
217(10)
Part X Unequal Treatment in Accessing the Inherent Right to Suffrage
10 Two Different Standards for Enfranchisement: A `Rights Standard' for Adults and a Supposed `Competency Qualification Standard' for Minors
227(10)
10.1 `Rights---Contingent' versus `Qualifications---Contingent' (i.e. Competency-Contingent) Suffrage
227(10)
Part XI Recognizing the Vote at 16 Movement as a Fundamental Human Rights Struggle
11 Concluding Comments
237(14)
References 251
Sonja C. Grover, Ph.D., is a Professor with Lakehead University. She has authored over 80 refereed articles and has focused on the topic of human rights/children's rights publishing in leading international human rights and law journals. She has contributed two book chapters for a 2007 edited volume on children's rights in Canada and presented papers at various international conferences on the topic of human rights and vulnerable groups including at UNESCO. Dr. Grover is Associate Editor of the International Journal of Human Rights. She is also the single author of several books in the human rights field including: Children's Human Rights: Challenging Global Barriers to the Child Liberation Movement (Sandstone Academic Press, 2007); The Child's Right to Legal Standing (Lexis Nexis, 2008), Prosecuting International Crimes and Human Rights Abuses Committed Against Children: Leading International Court Cases (Springer, 2010) and The European Court of Human Rights as a Pathway to Impunity for International Crimes (Springer, 2010).

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