Buchen

Although the legal framework is set by the State and dictated by the Political Constitution of the Republic of Guatemala for all residents of the country, there are „gaps“ that represent the legal inadequacy in the established norms and laws. This means that not all aspects of the basis of the legal framework are fully fulfilled. Guatemala`s Civil Code only allows the „ordinary limitation period,“ which requires good faith, the existence of „equitable title“ as a legal basis, and possession for 10 years, but does not mention the „extraordinary limitation period,“ which generally does not require good faith or „equitable title“ in other civil law countries. but a longer period of ownership, which usually corresponds to a generation (30 years, in many countries). The concept of „property rights“ that prevails in the Guatemalan regulatory framework is the product of the development of the colonial situation in a context where the position of the dominant social groups („Spanish Creoles“ and immigrants) was very strong in relation to the poor indigenous and mestizo populations. Among the different approaches that guide policy, gender equality stands out: „It promotes gender equality and the empowerment of young people in the context of equal opportunities and the exercise of rights; It also encourages affirmative action to continue to combat discrimination against young women. Reform of the legal framework can become the starting point for restoring the integrity of the electoral process. This was the case, for example, in Mexico, where electoral reform became the „lever“76 for genuine democratic change. The implementation of the new electoral legislation served as a basis, a new institutional framework and the creation of different modalities of participation. These institutions have defined the procedures and methods used to strengthen the electoral integrity provisions in the new legislation.

This series of reforms created the integrity framework necessary for Mexico`s electoral system. 77 In order to ensure that election results reflect the will of the electorate as accurately as possible, the legal framework must protect the principles of freedom, justice and electoral competition (see Fair and Just Procedure). These can be designed, as in the Philippines, to seek an honest, orderly, peaceful and credible context and to give the country`s citizens equal opportunities in public service. 74 The legal framework is capable of protecting the integrity of the election in different ways. Authority is transferred to certain bodies that perform certain functions. However, this power can be limited if we distribute this power among the different institutions and subject them to a series of revisions and adjustments. For example, one election administration body has the power to administer elections, but another body may have the power to set electoral boundaries or manage the public funds of political parties. In emerging democracies, the rules for free and fair elections continue to evolve. In these cases, it is very important to integrate the basic principles into the legal framework. According to Dr. Robert Pastor, is „challenged“ during elections in countries in transition from authoritarian to democratic rule „to negotiate electoral rules in such a way that all parties accept and respect them.“ 75 Once this fundamental legal framework has been completed, this work can begin within the institutional and administrative framework for the electoral process. Act on the Comprehensive Protection of Children and Adolescents 27-2003.

www.oas.org/dil/esp/ley_de_proteccion_integral_de_la_ninez_y_adolescencia_guatemala.pdf With the appropriation of the territories of the region by the Spanish crown, legally justified by the papal bulls of 1493, a system of establishing land rights „from above“ began; That is, the rights were given to various actors by the King of Spain. However, these rights at that time did not correspond to what we call today „property rights“: rather, they were of the „feudal“ type, recognizing the coexistence of different rights and rights in the same space. The system of allocation of rights from above will be maintained after independence, when the independent States will inherit from the King of Spain the legal rule over the entire national territory. During and after the colonial period, the central government later allocated or sold land it deemed appropriate. We will see later that the nature of rights changed considerably during the nineteenth and twentieth centuries. In a descriptive sense, the legal status that guarantees membership in a political community or nation. As such, it guarantees a number of rights and obligations to members recognized as citizens. Moreover, citizenship, in the normative sense, which is most important for education, implies the condition of active participation in public affairs, autonomous participation and assuming the responsibilities associated with it.

2022-10-22T07:51:41+01:0022. Oktober 2022|Allgemein|
Diese Website nutzt Cookies, um bestmögliche Funktionalität bieten zu können. Hinweis schließen