INTRODUCTION

Political rights are that group of attributes of the person that make them effective
Your participation as a citizen of a certain State. In other words, it is
deals with powers or, better, with titles that, considered together, are
they translate in the broad exercise of political participation.

As can be clearly observed, there is a close relationship between political rights and the
political participation, understood as a complex concept. If we consider the notion
political participation as 'any activity of the members of a community
derivative of their right to decide on the system of government, to choose representatives
politicians, to be elected and hold representative positions, to participate in the definition and
development of regulations and public policies and control the exercise of functions
recommended to their representatives, we should also consider the
diversity of facets in which participation is exercised. From this derives a picture of
entitlements that are precisely the political rights.

While it is difficult nowadays to find any voice against political rights.

as a category, the issue of its content, that is, the list of rights
the particulars that comprise them vary from author to author and are not without nuances.
the most general influences of the political doctrine to which each treatise is affiliated.

In reality, when we talk about political rights, we refer to the

titles from which the mechanisms emerge by means of which the
citizenship is exercised. And, as we will see later, this notion is linked
closely to the concept of democracy that is handled.

Traditionally, the issue of political rights, their enshrinement and the means
for its translation in concrete activities, it has been a legal matter.
constitutional, but the truth is that, currently, political rights are a
category within the context of human rights and, derived from the dual facet that
characterizes human rights in general, they deserve consideration in two
plans: constitutional and international. We will take care of it shortly.
 I. THEORETICAL FRAMEWORK

1. BACKGROUND
As we will see in detail in the constitutional and international provisions.
what we will review in a comparative way, today it is unsustainable to hold a position
that intends to deny political rights their status as human rights,
but, historically, the question of whether the vote, for example, is the exercise of a
fundamental right of the individual, receives affirmative response only in times
modern and, in particular, since the French and American revolutions,
as a result of the influence of the thinkers of the classical school of
natural law.

The Stoic or Christian thinkers (Picado, 1994), for example, clear

precursors of jushumanism and solid doctrines on the topic of attributes
inherent to the human condition, did not agree on including politicians
as part of 'human rights' or, better, 'natural rights', like
it was its denomination for long centuries. This, even if the notion of citizenship did not...
was necessarily external. With the emergence of representative democracy, the
vote, like political rights in general, became a right
constitutionally recognized, against which it was possible to file the
mechanisms provided for the defense of constitutional rights
recognized to the individual.

Thus, first in the progressive constitutionalization of human rights and,

subsequently in its internationalization (since the American Declaration and the
Universal Declaration, both from 1948), political rights were
establishing itself as a category of human rights, a fact that is reinforced
for its inclusion in numerous treaties and conventions that have developed it
what today we know as international human rights law
humans (Cançado Trindade, 2000). Therefore, political rights are a
category of human rights. And from there derive two important ones
implications, namely:

Political rights are subject to the rules developed in the

world of human rights, particularly criteria for interpretation,
specific protection instruments, access to international systems
of protection.

Political rights constitute a category within rights.

humans, which means its own characteristics, among them, causal ones
different and more numerous in terms of limitations, as well as the
need for mechanisms, procedures in institutions that translate
los principios generales en derecho que puedan efectivamente ejercerse.

It is worth mentioning, in order to complete this initial relationship that we want to illustrate,
that human rights are a legal field in full evolution, to the point of
that some have spoken of an incessant 'progressivity' in its content,
defense means, interpretation criteria (Nikken, 1994: 15 et seq.). In what
now we are concerned, it is important to take into account that the reasons for the limitation of
political rights were much broader just decades ago: the vote not
the age for a woman to attain full status was always recognized
ciudadano era más avanzada, se llegaba a exigir cierta posición económica o
a certain level of literacy even to exercise the vote. 'Progressively',
political rights have sought a universalization more in line with their
belonging to the field of human rights, despite their condition of
special category. Traditionally, political rights have been perceived,
together with civil rights (Méndez and Olea, 1989: 403-416), as part of the
called "the first generation of human rights," characterized mainly by
derive from manifestations of freedom and to demand above all a "non-action" for
part of the State to be respected. Nowadays, the division into generations
seems insufficient to explain the development of human rights and
the more well-rounded vision of its content and of the relationships between
categories.

However, in what constitutes a first difference compared to the

civil rights, political rights translate into a special relationship between
the citizen and the power, since the former, through its exercise, grants
legitimacy to the authorities and to the regime. Indeed, civil rights imply
guarantees of human independence before a free State, while the
political rights concern the effective presence of individuals in the sphere
public and decision-making, making its incorporation within the structure possible
politics. They also include both political freedom and the individual freedom of those who
rebasan una edad determinada y poseen una relación determinada con el Estado.
On the other hand, a particular note of political rights is its
frequent relation with the notions of "duty" or "function", due to the character
legitimizer that its exercise has from the designated authorities to exercise
representative positions.
2. POLITICAL RIGHTS

Civil and political rights are a class ofrightswhat protects the

individual libertiesfrom the unjustified infringement of thegovernmentsy
private organizations, and ensure the ability to participate in civic life and
policy ofthe Statewithout discriminationor repression.

Civil rights include the guarantee of the physical integrity of individuals and
your security, protection against discrimination on the grounds of disability
physical or mental, gender, religion, race, national origin, age or sexual orientation; and
individual rights such as theintellectual freedomand awareness, ofexpression
of cultor religion, ofpressand ofcirculation.

Political rights include natural justice (procedural fairness) in law.

such as the rights of the accused, including the right to a fair trial, the
due process, the right to obtain a remedy or legal recourse, and the
participation rights ofcivil societyythe politicssuch asthe freedom of
associationethe right to assemble,the right of petition, and ethe suffrage.

Civil and political rights constitute the first portion of theStatement

Universal Declaration of Human Rightsas well aseconomic and social rights
culturalthey understand the second part). The theory of thethree generations of
human rightsconsider this group of rights as the 'rights of
first generation", and the theory of negative and positive rights considers,
in general, likenegative rights.

Without being able to assert that this constitutes, far from it, a position
common to the doctrine, it is often stated that among political rights
they recognize:

Right to vote: involves the empowerment of all citizens to choose

through a declaration of intent to their representatives in the sphere
state

Right to be elected: states that individuals can choose and

to present oneself as an option to the rest of the nationals with the intention of
to hold public offices or functions.

Right to participate in government and exercise public functions: it implies the

possibility for citizens to be admitted to the exercise of positions and
functions within the public sphere.

Right of petition: it refers to the possibility of making requests.

specific to the designated organs with a view to incidence and inclusion
within the work they perform. For some, that is where it derives from
wider category of 'accountability' as an expression of the
 oversight possibility of citizens regarding the exercise of power by
part of its representatives

[Link] RIGHTS IN INTERNATIONAL SYSTEMS

2.1.1. Political Rights as Human Rights

Political rights are conceived within international law of

human rights by virtue of a process of internationalization that
It has been generated both regionally and universally.

Being political rights:

Right to participate in the direction of public affairs

directly or through representatives; active suffrage
Right to access public office; passive suffrage
Right to genuine periodic democratic elections
Administrative rights.
Right to Petition.

Annex table
Chronologically, we must start with the mention of:

. The American Declaration of the Rights and Duties of Man:

Adopted at the IX International American Conference, in April of

1948.

This instrument establishes for the first time for the region both
the vote as participation in the governmental sphere, there is
mentions of the right to assembly and association. It is advisable
to point out that the Charter of the Organization of American States (art.
makes representative democracy one of the principles
rectors of the organization, which partly explains the wide
development that the issues associated with democracy have had in
the framework of the inter-American system.

For its part, within the framework of the Universal System, the incorporation of
political rights took place in December 1948, when the
The United Nations General Assembly approved and proclaimed the
Universal Declaration of Human Rights, which highlights the
right to participation, access to public functions in
equality of conditions and universal suffrage, to assembly and
peaceful association. It is worth noting that the Inter-American Declaration
 includes space and special reference to duties, which it does not do
Universal.

From the perspective of human rights, the rights

politicians have made significant progress, moving from being
declarative instruments to be part of international regulations
conventional that ensures an effective protection system and
compliance certification.

. International Covenant on Civil and Political Rights

What highlights the right to suffrage, participation, and access in

equality of conditions in public functions.

Regarding the regional systems for the protection of rights

humans, the Inter-American System develops, through the
American Convention on Human Rights (1969), the exercise of
a series of specific political rights: of secret voting, of
participación, elecciones auténticas y periódicas, ser electo, sufragio
universal, access to public functions and the possibility of
regulate only political rights under conditions of
respect for fundamental guarantees.

. The European Convention for the Protection of Rights

Humans and Fundamental Freedoms:

It consecrates the right of assembly and association, which guarantees the

possibility of organizing for political purposes. In its First Protocol
establishes the right to have free elections under conditions
that guarantee the freedom of expression and opinion of citizens.

. African System for the Protection of Human Rights:

The African Charter on Human and Peoples' Rights guarantees

within the political rights, the right to participate in elections of
public officials and to run for such positions.

The effective exercise of political rights has been related to

directly with the existence of democracy. The above is reflected
by the Universal System for the Protection of Rights
Humans in Resolution 2000/47 of the Commission on Human Rights
Humanos que es clara al establecer que “existen lazos indisolubles
among the human rights enshrined in the Universal Declaration
of Human Rights, the international instruments on
human rights and the foundations of any democratic society
(Resolution 2000/47 Human Rights Commission).
. American system:

Through the General Assembly of the OAS, it has been reflected

inseparable relationship between representative democracy and respect for the
human rights. The Inter-American Court of Human Rights,
through its advisory opinion OC-8/87, highlights as one of the
principles of the Inter-American System, in relation to suspension
of individual guarantees, which cannot be recognized 'without the
exercise of the representative democracy referred to in article 3 of the
Carta de la OEA”. De igual forma, insiste en la opinión consultiva OC-
6/86 in relation to the exercise of public power and the inviolability of
los derechos políticos.

A relatively recent development is the enactment of

international instruments specifically intended for
defense of democracy and which, therefore, include mechanisms
initials of international order that can be activated in case of
breakdown of the democratic regime. Among them, it is worth highlighting in
especially the Inter-American Democratic Charter, which collects the
unanimity of the member countries of the OAS regarding the
importance of democracy and the vitality of its defense.

It becomes the benchmark for the region to make possible and

defend, as the case may be, the values and principles that support
the democracies.

This instrument, apart from its invaluable content and implications,

it sets a starting point for the international community for
how it is established as the only one in the world that recognizes the
democracy as a human right. There is currently no other
regulations such as the regional ones for the defense of democracy in
a very specific way.

The instruments that the OAS previously had to make

in the face of threats to democracy were Resolution 1080 and the
Washington Protocol. However, none of them managed to provide
effective attention to the acts that violated the regime
democratic. After a development process that began with the
inclusion of a democratic clause in the Quebec Declaration
in 2001, with the discussion of the first draft within the
General Assembly held in Costa Rica and the consultation to the
civil society, the Inter-American Democratic Charter was adopted on the 11th
September 2001.

The Democratic Charter is, ultimately, a starting point for

Latin America. Insofar as it is not a Convention or
 International treaty of a regional nature, establishes for the
American states a set of collective principles that include
action mechanisms aimed at preservation, guarantee and
defense of democracy. It is stated, then, in the Charter
Inter-American Democratic (unlike the previous cases),
with a broader notion of the threats to democracy,
in addition to the breaking of the established institutional order. Its
importance was confirmed in the General Assembly of the OAS
held in Santiago de Chile in the year 2003 through the
Santiago Declaration on Democracy and Citizen Trust.
In short, the Inter-American Democratic Charter implies a step forward.
considerable for the American continent, as well as a new
reference for the international community in the field of promotion and
defense of democracy. Its applicability requires a great
commitment and constitutes a challenge for governments of the
region, which must work on strengthening credibility and
legitimacy of democratic institutions.

[Link] RIGHTS IN PERU

3. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

3.1. OPTIONAL PROTOCOLS ON CIVIL AND POLITICAL RIGHTS

3.1.1. FIRST OPTIONAL PROTOCOL

The First Optional Protocol is a treaty or international agreement.

adopted by the United Nations General Assembly on the 16th of
December 1966. This Protocol seeks to ensure the implementation of the
provisions of the International Covenant on Civil and Political Rights.

For this, it empowers the Human Rights Committee to receive and

consider communications from individuals who claim to be victims of
violaciones de cualquiera de los derechos enunciados en el PIDCP.
It came into effect on March 23, 1976 and already had 113 members and 35
signatories for January 2010.
Currently has 114 members1.
This Protocol establishes a mechanism that considers the
communications from natural persons regarding the provisions of the Pact
International Covenant on Civil and Political Rights. This mechanism is similar to

1
The number of current members according to the United Nations treaty collection website:
[Link]
 those mentioned in the Optional Protocol of the Convention on
the Rights of Persons with Disabilities and Article 14 of
International Convention on the Elimination of All Forms of
Racial Discrimination. In this Mechanism, the parties agree to acknowledge
to the United Nations Human Rights Committee for consideration
the complaints of individuals or groups claiming that their rights
protected under the ICCPR have been violated. For this reason, the plaintiffs
all domestic resources must have been exhausted and they are not allowed
anonymous complaints; The Human Rights Committee must present
the complaints to the attention of the relevant party, who must respond
within a period of six months. After the evaluation, the Committee must present
his conclusions to the accused party and to the plaintiff.

It is not explicitly stated in the Protocol that the Human Rights Committee
Humans take into account the recognition of their competition to
address complaints as imposing an obligation not to obstruct the
access to the Committee and to prevent any retaliation against the complainants.
Thus, the First Optional Protocol grants the Committee the competence
necessary to examine the complaints of individuals regarding
alleged violations of the ICCPR committed by the States that make up
part of it.

[Link].1 Declarations and Reservations

The additional Protocol required ten countries to submit their ratifications.

for it to come into effect, a condition that was met in 1976, which is why
recién entro en vigor el 23 de Marzo de ese año; sin embargo, varios Estados
members have had reservations2and presented interpretative statements for
the application of the Additional Protocol:

Austria does not recognize the jurisdiction of the Human Rights Committee
to consider complaints that have already been examined by the
European Commission on Human Rights.

2
The reservations and statements are located at:
[Link]
 Chile, Croacia, El Salvador, Francia, Alemania, Guatemala, Malta, Rusia,
Slovenia, Sri Lanka, and Turkey consider that the Additional Protocol
it only applies to the complaints that arose after it entered
validity for those countries.

Croacia, Dinamarca, Francia, Alemania, Islandia, Irlanda, Italia,

Luxemburgo, Malta, Noruega, Polonia, Rumania, Rusia, Eslovenia,
Spain, Sri Lanka, Sweden, Turkey, and Uganda do not recognize the
jurisdiction of the Human Rights Committee to consider
complaints that have already been addressed under another procedure
international complaints.

Neither Germany nor Turkey recognize the jurisdiction of the Human Rights Committee.
Humans to address complaints arising from Article 26 of the
PIDCP, que cubre la discriminación e igualdad ante la ley, salvo en la
to the extent that they refer to the rights expressly recognized in
the Pact.

Neither Guyana nor Trinidad and Tobago recognize the jurisdiction of the Committee.
Human Rights to address complaints regarding the use of the death penalty
of death.

Venezuela does not recognize the jurisdiction of the Human Rights Committee
Humans to consider complaints related to trials in absentia for
crimes against the republic.

[Link].2 Structure

The first optional protocol consists of 14 articles.

In which they recognize the Human Rights Committee to receive and

to consider complaints from individuals claiming that their rights have been violated
violated in some way.

[Link] Second Optional Protocol to the International Covenant

Civil and Political Rights
 This Optional Protocol was adopted on December 15, 1989,
it was created for its members to commit to abolishing the death penalty
of death inside his country. It is made up of 11 articles. This
agreement to cite the following:

Approved and proclaimed by the General Assembly in its resolution

44/128 December 15, 1989 and came into forcetheJuly 11of1991.

The States Parties to this Protocol, Considering that the

the abolition of the death penalty contributes to elevating human dignity and
to progressively develop human rights,
Recalling Article 3 of the Universal Declaration of Human Rights
Humans, approved on December 10, 1948, and Article 6 (The
the right to life is inherent to the human person) of the Pact
International Covenant on Civil and Political Rights, approved on the 16th of
diciembre de l966,
Observing that Article 6 (The right to life is inherent to the
human person) of the International Covenant on Civil and Political Rights
it refers to the abolition of the death penalty in terms that indicate
clearly that such abolition is desirable,
Convinced that all measures for the abolition of the penalty of
Death should be considered a progress in the enjoyment of the right to
life,
Eager to enter into a commitment through this Protocol
international to abolish the death penalty,
They have agreed on the following:3

Article 1

No one subjected to the jurisdiction of will be executed.

a State Party to this Protocol.

2. Each of the States Parties shall adopt all measures

necessary to abolish the death penalty in their jurisdiction.

3
Articles taken from the Second Optional Protocol of the ICCPR
 That is why the states parties to the second optional protocol
they consider the right to life inherent.

Artículo 2

No reservations will be accepted to this Protocol.

exception of a reservation made at the moment of the
ratification or accession in the
that the application of the death penalty in time of war is anticipated as
consequence of a conviction for a highly serious crime of a nature
military committed in time of war.

2. The State Party that makes that reservation must inform the Secretary
United Nations General, at the time of ratification or the
adherence, the relevant provisions of its applicable national legislation
time of war.

3. The State Party making that reservation must inform the Secretary
United Nations General, at the time of ratification or the
adherence, the relevant provisions of its national legislation applicable in
time of war.

4. The State Party that has made that reservation shall notify the Secretary
United Nations General regarding the beginning or end of a state of war
applicable to its territory.

Article 3

The States Parties to this Protocol shall include in the reports that
present to the Human Rights Committee, pursuant to Article 40 of the Covenant,
information about the measures they have adopted to enforce the present
Protocol.

Article 4
Regarding the State Parties to the Pact that have made a declaration in
by virtue of Article 41, the competence of the Human Rights Committee to receive and
consider communications in which one State Party claims that another State Party
no cumple con sus obligaciones se hará extensiva a las disposiciones del presente
Protocol, unless the interested State Party has made a declaration in
opposite sense at the time of ratification or accession.

Article 5

Regarding the States Parties to the first Optional Protocol of the Covenant
International Covenant on Civil and Political Rights, the competence of the Human Rights Committee
Humans to receive and consider communications from people who are subject to
its jurisdiction shall extend to the provisions of this Protocol, unless
que el Estado Parte interesado haya hecho una declaración en sentido contrario en el
moment of ratification or adhesion.

Article 6
The provisions of this Protocol shall apply in the capacity of
additional provisions of the Pact. Without prejudice to the possibility of establishing a
reservation in accordance with article 2 of this Protocol, the guaranteed right in the
paragraph 1 of article 1 of this Protocol shall not be subject to any
suspension pursuant to Article 4 of the Pact.

Article 7

1. This Protocol is open for signature by any State that has

signed the Pact.

2. This Protocol is subject to ratification by any State that has

ratified the Pact or has adhered to it. The instruments of ratification are
They will be deposited in the office of the Secretary-General of the United Nations.

3. This Protocol will remain open to the loyalty of any State that
has ratified the Pact or has adhered to it.
 4. The adhesion will be made by depositing the corresponding instrument.
in the hands of the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations will inform all States

who have signed this Protocol, or have adhered to it, of
deposit of each of the instruments of ratification or adhesion.

Article 8

This Protocol shall enter into force three months after

date on which the tenth instrument of ratification or deposit has been placed
adherence in the hands of the Secretary General of the United Nations.

2. Regarding each State that ratifies this Protocol or adheres to it

after the tenth instrument of ratification has been deposited or
adherence, this Protocol will enter into force once three have passed
months from the date on which such State has deposited its own
instrument of ratification or accession.

Article 9

The provisions of this Protocol shall apply to all parts

components of federal states, without any limitation or exception.

Article 10

The Secretary-General of the United Nations will inform all States

mentioned in paragraph 1 of article 48 of the Pact:

1. Las reservas, comunicaciones y notificaciones conforme a lo dispuesto en el

article 2 of this Protocol.

2. The statements made in accordance with the provisions of articles 4 or 5 of the

present Protocol.
 3. The signatures, ratifications, and agreements in accordance with the provisions of the article
7 of this Protocol.

4. The date on which this Protocol comes into force in accordance with the provisions
in article 8 of the same.

Artículo 11

1. This Protocol, whose texts are in Arabic, Chinese, Spanish, French, English and
Russian documents are equally authentic, it will be deposited in the archives of the
United Nations.

The Secretary-General of the United Nations will send certified copies of the
Present Protocol to all the States mentioned in article 48 of
pact.

Undoubtedly, the death penalty is the most severe and ancient sanction in history.
Surely for that reason, it is the one that has produced, and continues to do so today, a
greater debate or discussion.

Now, it is not true that within the UN there are only recommendations about
this is a highly controversial topic. An example of this is the Second Protocol
Optional Protocol to the International Covenant on Civil and Political Rights aimed at abolishing the
death penalty. This protocol is important, as it represents an agreement of a character
binding, that is to say, it is mandatory to follow what is stated in it, for those countries
that they have ratified it. Although not all countries in the world are members of
UN, yes it is a very important great advance.

Control and Monitoring

The Human Rights Committee presents an annual report to the General Assembly
under Article 45 of the ICCPR. This report contains a detailed summary of the
activities of the Committee, as well as all its decisions and recommendations, and in
especially those expressed in the general observations and in the observations
approved at the end of the exam of the report of each State. Therefore, if the
The committee expresses its concern regarding an existing situation in a certain.
country, will be reflected in the annual report that is delivered, which is published as
official document of the General Assembly and receives greater attention from the Third
Comisión de la Asamblea General, al puesto que ésta examina el Pacto y su
application.

This debate on the annual report in the General Assembly can be considered in itself
una actividad de seguimiento del examen de los informes de los Estados por el
Committee. But monitoring at the national level is even more important. Therefore, it must be
take into account that, even though the international application mechanism serves as
guarantee for the protection of the rights enshrined in the instruments
nationals, after all, it is the duty and responsibility of the States themselves to ensure
for the enjoyment and concrete and full exercise of human rights within their
territories and jurisdictions. Therefore, it is of utmost importance that the result of
dialogue with the Committee receives the utmost attention possible from the government in question
and that any questions raised during the examination of the report be submitted to the
national authorities, competent political, administrative and judicial
continue studying the measures adopted, or that need to be adopted, for full
implementation of the rights recognized in the ICCPR in your country.

It is also advisable to give the widest possible publicity to the submission process.
reports and the cooperation of the State Party with the Committee because this will achieve that
the State party takes necessary measures to comply with the requirements of the ICCPR.
través de los medios de comunicación y otras vías, los órganos y grupos ajenos al
government and the general public must participate in the debate about the correct
application of the ICCPR and the full enjoyment of the rights recognized therein. The monitoring
of the application process by the State Party, with the impetus of contributions
resulting from public participation, should lead to the adoption of the
necessary measures to harmonize national legislation and practice with the
requirements of the ICCPR.

Complemented in this way with extensive national follow-up activities, the examination.
the report will be a truly beneficial task and will allow the State Party to return
to the Committee with an important new periodic report, which presents the updates and
the progress recorded since the presentation of the previous report. Thanks to this
the process may continue thus the exchange of opinions and experiences with the body
of supervision for the purposes of the application of the ICCPR within a certain
state.

[Link]. DECLARATIONS AND RESERVATIONS

[Link]. STRUCTURE
 3.1.2. SECOND OPTIONAL PROTOCOL
3.1.3.
4. CONCLUSIONES
5. BIBLIOGRAPHY