Article 2, Section 17
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ScribdTranslationsArticle 2 paragraph 17
To participate, individually or in association, in the political, economic, social, and cultural life of
the Nation. Citizens have, in accordance with the law, the rights of election, removal or
revocation of authorities, legislative initiative, and referendum.
DEFINITION:
The right to citizen participation is a fundamental right enshrined in the
Peruvian Constitution of 1993, and as such a right of individuals against the State, thus
as a basic structural component of the objective legal order and legal expression
of the system of values that it entails.
It is inconceivable for a democracy to disregard the
citizens their right to intervene in the different areas of the public sphere, not only because
It is a direct manifestation of human dignity, but because such participation
it constitutes an essential guarantee for the realization of other fundamental rights and
basic condition for the control of the State's performance.
On the other hand, mechanisms such as revocation and removal of authorities, as well as
Accountability aims to allow direct participation of the population in the
control of those responsible for political direction. In all these cases, the effective
the realization of the popular will is entrusted to the electoral bodies,
that have the responsibility to channel the natural conflicts between the different
positions in play.
As a result, their functioning depends on the effectiveness of the exercise of
right to political participation and the proper channeling of
multiple conflict situations that inevitably occur in reality
CHARACTERISTICS:
Non-prescriptible: They are not affected by the statute of limitations.
Inalienables: They are not transferable to another holder.
Irretrievable: Thus, the subject cannot renounce them.
Universals: In the sense that they are possessed by all men.
EVOLUTION
The evolution of political participation has gone from less to more in a greater sense.
approach to the political decision of the authorities.
RESTRICTIONS OR LIMITATIONS OF THE LAW
In terms of economic, social, and cultural participation
The educational, socioeconomic, and cultural levels of the people are determinants of the
political participation. The higher the level of education, income, and social status of people, the greater
political participation. That is why the male population, of higher education, of income
higher social status, from urban areas and of middle age is the one that votes the most,
the one that affiliates more with the groups, the one that has greater political influence and the one that in a way
or another intervenes more actively in political processes.
In contrast, the poorer people, those with limited education and lower status
socioeconomic status is less likely to be politically active, as they feel that they do not have
power to be heard and therefore, very little will be achieved. When
it is likely that he/she will do so through unconventional means, as in extreme cases of
urban riots, so that participation without power is characteristic of the poor and
the working class.
In terms of electoral participation
. The condition offoreigner
. The absence or limitation of the capacity for free discernment, due to issues
ofagemental health, orsituations ofdue obedience, cit's the case of themilitaryo
the people who are legally presentdeprived of their liberty.
Although it is not a legal restriction, but rather an ordinance.
OBLIGATIONS OF THE STATE
The obligation to promote, respect, and guarantee such a right that is based on the Constitution.
Article 1 establishes that the "supreme objective" of the State (and of society) is "the defense of the
human person and the respect for their dignity.