text:
Comparative law and justice/Honduras

Part of the Comparative law and justice Wikiversity Project

EStevens508 00:33, 2 May 2011 (UTC)

Basic Information
Honduras is the second largest country in Central America with an area about the size of Tennessee. It borders the Caribbean Sea to the North, the North Pacific Ocean to the South and is located between Guatemala, El Salvador and Nicaragua. The capital is Tegucigalpa. Honduras became an independent nation in 1821, freeing itself from Spain's control. For two decades there was mostly military rule until a freely elected civilian government came to power in 1982.The government is a democratic constitutional republic. The population is estimated to be 7,989,415. The infant mortality rate is 20.44 deaths/1000 live births. The life expectancy at birth is 70.61 years which ranks it 144th in the world. The climate is mostly subtropical in lowlands and temperate in the mountains. The country is made up of mostly mountains in the interior and coastal plains. Cerro Las Minas is the highest point in the country with an elevation of 2,870 meters. Spanish is the official language with some amerindian dialects. The main ethnic groups that comprise the population are 90% Mestizo (mixed Amerindian and European), 7% Amerindian, 2% Black, 1% White. Eighty percent of the total population is literate and the average time spent in school systems for children is eleven years. The Honduran Constitution guarantees freedom of religion and the separation of church and state forbidding a national religion. Roman Catholics comprise the majority of the religious population. Protestant membership has been increasing since the 1980's but is still minuscule compared to the Roman Catholic population. The country was ravaged by Hurricane Mitch in 1998 with 5,600 casualties and $2 billion in damage.

Brief History
Honduras' geographical features have contributed to it being a somewhat isolated country. There are few ports on the Pacific side of the country which has limited economic progress through trade. The lack of development in Honduras has lead to a relatively unsteady government throughout it's history. For much of it's history the government of Honduras has been corrupt, disorganized, and politically unstable. Military coups have been a frequent occurrence in the country as well. The lack of a strong and productive central government has left Honduras vulnerable to extortion and exploitation from other countries and corporations. In the first half of the twentieth century the United Fruit Company and the Standard Fruit company both exercised tremendous power over the government and many believe that these two companies were as powerful as the president. A rise in nationalism and a stronger economy over the last half century have changed this direction even as Honduras remains dependent on other nations. There were border conflicts with El Salvador in the 1990's and security concerns with Nicaragua in the 1980's. Honduras today is attempting to achieve the advantages of modernization while avoiding the bloody conflicts that have been prevalent throughout Central America in recent history.

Economic Development, Health, and Education
Honduras is considered a developing country as it is one of the poorest in the western hemisphere. The 2009 GDP per capita was $1,829 with 65 percent of the population living in poverty. Honduras was heavily affected by the recent economic downturn with the GDP decreasing by 2.1 percent. Recently, Honduras has variegated its economy to include more export processing along with it's heavy reliance on traditional agriculture. Pervasive slash and burn farming and illegal logging practices have contributed to the degradation of its vast forests. More than half the population of Honduras (53 percent), live in rural areas and fifteen percent of the population lives on below $1 a day. Some of Honduras' natural resources include: arable land, forests, minerals, and fisheries. Agriculture comprises 14.2% of GDP with services being 57.9% and manufacturing 27.9% and the remaining percentage of GDP being trade.

Governance
Honduran Constitution

Honduras established its present government through its constitution which was created in 1982. The form of government is republican, democratic, and representative. The government is divided into three branches: legislative, executive, and judicial. Honduras has made notable progress towards having a more credible government. The regimes of the past were often headed by military leaders who paid little attention to having a free and open government. It is a duty of all citizens to vote in elections. The president, who is the head of the executive branch, attains that position through elections. The president and the national congress have the authority to select justices to the Supreme Court of Justice. Honduras has a unicameral National Congress with 128 seats. The Executive, Legislative, and Judicial branches have authority to bring forth an initiative of law. No law can become official until three debates have taken place on three different days except in extreme circumstances where the law can be voted on and approved by a simple majority by members of Congress. After a law has been approved by the National Congress, it is then passed to the Executive branch for final approval. Honduras is a civil law country which means that laws are only valid after they have completed the entire procedure of becoming a law and published in the Official Gazette.

Elections
Citizens of Honduras are considered to be carrying out a duty when they vote in elections. Ones vote is obligatory, direct, free, and secret. The president is elected by plurality vote to serve a four year term. The 128 members of the National Congress are elected through an open-list proportional representation format to serve four year terms. In order to vote in elections in Honduras one must be a minimum of eighteen years old, and have Honduran citizenship. Voting in Honduras is compulsory meaning that it is required of all citizens to participate in elections however there are no sanctions for not voting. For a candidate to be eligible to run for office in Honduras they must be of a certain age, and have Honduran citizenship and residency.

Judicial Review
There is a role for judicial review in Honduras even though it is a civil law system. The Supreme Court of Justice has original and exclusive jurisdiction over hearing and deciding matters brought before the court. An individual can petition the court to hear a case that they feel has impacted their direct, personal, and legitimate interests. The Honduran legal system has also adopted habeas corpus and amparo proceedings as part of the constitutional gaurentees.

Courts
The judicial system of Honduras contains four layers of courts. It consists of the Supreme Court of justice, courts of appeals, courts of first instance (Juzgados de Letras), and justices of the peace. The Supreme Court of justice is the highest level of the court system and contains fifteen judges. It is the court of last resort and hears cases that have passed through the lower courts. The Supreme Court of justice is further broken down into three different chambers:civil, criminal and labor. Each chamber of the Supreme Court of justice contains three justices. The Supreme Court of justice has many duties and privileges which include: appointing judges to the lower courts and public prosecutors, the power to decide whether or not a law is unconstitutional, hearing impeachment trials of high-ranking government officials (the National Congress must first bring impeachment charges), and producing the official record of the court.

The level below the Supreme Court of justice are the courts of appeals. They hear cases that haven't been settled by the lower courts. These courts contain three judges and these judges must be lawyers and must be at least twenty five years old. The judges of this court have the power to appoint justices to the courts of first instance. Courts of first instance are trial courts that are spread throughout the country. Courts of first instance handle an array of cases including criminal, civil, family, juvenile, tenant, labor and contentious administrative. Judges who sit on this level of the court system must be at least twenty one years old and most of them contain degrees in juridicial science, however, there are many who do not hold this degree. The lowest level of courts are the justices of the peace. They are only involved in minor crimes and act as investigating magistrates. These courts only have a small jurisdiction usually only over municipalities of 4,000 or less. Crimes that are more serious are sent to the courts of first instance. The requirements to become a justice of the peace are: you must be at least twenty one years old, live in the municipality that you work in, and have the ability to read and write. There have been many criticisms of the judicial system of Honduras because it is believed to be highly politicized. There are new justices appointed to the supreme court every four years with the new president. In the past decade, Honduras has been attempting to transition from an inquisitorial trial system, to an adversarial system where the presumption of innocence is a right given to those accused. Honduras however does not use juries as part of their trial system.

Punishment
Capital punishment in Honduras has been abolished for all crimes. There are a total of 11,589 inmates in Honduran prisons with a rate of imprisonment of 161 out of 100,000. Corporal punishment is strictly prohibited in Honduran schools. It is unlawful for corporal punishment to be handed down as a punishment, however, it is legal in the home to some degree. Corporal punishment is an unlawful punishment for a committed crime, but it is not specifically outlawed as a form of discipline in penal institutions. Prisons in Honduras are overcrowded and extremely violent. The country's rampant gang problem leads to high numbers of rival gangs being imprisoned together. Gang fights are common with many of them leading to deaths. In 2006 at the National Penitentiary (about 20 Kilometers north of the capital), a riot broke out between different gang members leading to 13 deaths. Over one hundred people died in a fire in an overcrowded prison in the city of San Pedro Sula. The government has received criticism from human rights groups about new laws delivering mandatory sentences of twelve years for gang members. Many believe there is not enough focus on rehabilitation in the Honduran penal system and that the only thing offered to criminals is prison. This has exacerbated the severe problem of prison overcrowding. The prison that burned down in San Pedro Sula killing 103 people was designed to hold 800 inmates but was housing 1,960 when the fire ocurred. The juvenile justice system in Honduras has expanded in recent years including establishing juvenile courts in eight departments. The Honduran justice system however has a "zero tolerance" rule when it pertains to crime. Law enforcement personnel have targeted the youth population as a major source of crime. In many cases the rights of juveniles under the age of eighteen are ignored. It is thought that the poor prison conditions and lack of rehabilitation and reintegration programs in prisons only exacerbates the problem of youth crime.

Legal Personnel
There are approximately 7,500 total police officers in Honduras ,however, only 2,500 of them are on duty at a time. The police force is not adequately staffed or paid and many of the officers lack training and resources. Coordination between police divisions is lacking as they don't have standardized types of information. Police divisions share little information with one another about the pervasive gang violence that runs rampant throughout the country. The police system in Honduras can be described as decentralized and uncoordinated. There is an overall shortage of poice officers and investigators which renders its policing system somewhat ineffective. The various departments throughout the country do not share information and there is no national police force.

Law Enforcement
"Honduras's increasing crime and violence rates have pushed the military into law enforcement activities, blurring the line separating military and non-military roles. This law-enforcement role had been carried out before the coup, and is even contemplated in the Constitution. The latter allows for military assistance to public security institutions to fight terrorism, arms trafficking and organized crime. Even before the coup, the military had expressed its desire to fight drug trafficking. Most recently, newly elected Honduran President Porfirio Lobo, with U.S. support, agreed with the heads of the Armed Forces to increase the fight against narcotic trafficking in Honduras. More worrisome are executive and congressional decrees issued in May and June of 2010, respectively, ordering the Army to assist police forces. The Inter-American Human Rights Commission (IACHR) raised alarm over the instructions established by the Executive decree: the military will provide police forces with military personnel and equipment to help them carry out their functions. The congressional decree goes even further by ordering the Army to assist the police in stopping the violence in the country. This is a clear indication that a militarization of policing is taking place in Honduras, reasserting the role of the military as a superior force relied upon to solve any type of problem." Honduras is not unlike most other Central American countries in that it has a high level of corruption in the government. Honduras had a level of 2.4 on the corruption perceptions index 2010 which ranks it as one of the more corrupted countries in the world with one being the most corrupt and ten being highly clean.

Crime Rates and Public Opinion
Like almost all of Central America, Honduras is a civil law country. . Because Honduras is a Civil law country, there is not much role for precedent or judicial review. Also, all law must be found in the code and not based on prior court decisions. Crime in Honduras is incredibly prevalent and United States tourists are discouraged from visiting. U.S. citizens have been the victim of murder, kidnapping, rape, assault, and property crimes. In 2009 alone sixteen Americans were reported murdered. Poverty and gangs contribute to Honduras' high rate of crime. According to the United Nations Development Program (UNDP), Honduras had 4,473 murders in 2008 in a country with a population of 7.3 million people, giving it one of the highest per capita murder rates in the world. Theft and kidnapping are commonplace in Honduras where many unsuspecting tourists are targeted. Due to Honduras' high level of gang activity, about one third of the population have a feeling of insecurtiy. The country's media and government emphasize this gang problem which is thought to contribute to the feeling of insecurity. A survey conducted in 2004 by Mitch Seligson showed that eighteen percent of the population thought that delinquency, crime, violence, drug trafficking, and gangs were the most pressing problems facing the country. This survey also found that twenty percent of those victimized were twenty six or younger. Because of the lack of faith in the government to protect its citizens, private secruity agencies and gun sales have greatly increased.

Rights
The Honduran Constitution defines several inherent individual rights for its citizens. Among these rights are the abolition of the death penalty, and the prohibition of torture, cruel, inhuman, or degrading treatment.

"Article 65.- The right to life is inviolable.

Article 66.- prohibits the death penalty.

Article 67.- To which it is by birth will be considered born for everything that he favors within the limits set by law.

Article 68.- everyone has the right to respect its physical, mental and moral.

No one should be subjected to torture, or penalties or cruel, inhuman or degrading treatment.

All persons deprived of liberty shall be treated with respect due to the dignity inherent in human beings.

Article 69.- personal freedom is inviolable and only under the laws may be restricted or temporarily suspended.

Article 70.- All hondurans have the right to do what it does not affect another and nobody is obliged to do what is legally prescribed or prevented from running what the Law does not prohibit.

No person shall be justice by itself, or exercising violence to claim their right.

No personal service is required, nor should be free of charge, but under law or judgment based on Law.

Article 71.- Any person may be detained or imprisoned for more than 24 hours, without being put to the order of competent authority for his trial.

The judicial detention to enquire may not exceed six days from the moment in which produces the same.

Article 72.- Is free the issuance of the thought by any means of disseminating, without prior censorship. They are responsible to the law that abuse this right and those who, by means direct or indirect restrict or prevent the communication and circulation of ideas and opinions.

ARTICLE 73.- printing, the radio stations electrical, television and other means of emission and dissemination of ideas, as well as all its elements, may not be confiscated or confiscated, nor closed or interrupted their work on the grounds of crime or lack in the issuance of thought, without prejudice to the responsibilities in which it is incurred on these grounds in accordance with the law.

No company dissemination of ideas may receive grants from governments or foreign political parties. The Law will establish the sanction that corresponds to the violation of this precept.

The address of the newspapers print, radio and television, and the intellectual guidance, political and administrative of the same, it will be conducted exclusively by hondurans by birth.

Article 74.- may not be restricted the right of issuing the thought by indirect methods or means, such as the abuse of official controls or individuals of the material used for printing of newspapers; of the frequencies or belongings or apparatus used to disseminate information.

Article 75.- The Law governing the issuance of thought, may establish prior censorship, to protect the ethical and cultural values of society, as well as the rights of persons, especially for children, adolescents and youth.

The commercial propaganda of alcoholic beverages and tobacco use will be regulated by law.

Article 76.- guarantees the right to honor, to personal privacy, family and self-image.

Article 77.- guarantees the free exercise of all religions and cults without pre-eminence, provided they do not contravene the laws and public order.

The ministers of the various religions, may not hold public office or in any form political propaganda, on grounds of religion or using, as a means to that end, of religious beliefs of the people.

Article 78.- Are guaranteed freedoms of association and assembly provided that they are not contrary to public order and to the morality.

Article 79.- everyone has the right to meet with other, peacefully and unarmed, in public demonstration or assembly, in connection with their common interests of any kind, without the need to notice or special permit.

The outdoor meetings and the political in nature may be subject to a system of special permission for the sole purpose of ensuring public order.

Article 80.- Any person or persons association has the right to submit requests to the authorities either on the grounds of particular interest or general and to obtain a prompt response in the legal limit.

Article 81.- everyone has the right to freedom of movement, leave, enter and remain in the national territory.

Nobody can be forced to move of domicile or residence, but in the special cases, with the requirements that the Law said.

Article 82.- The right of defense is inviolable.

The inhabitants of the Republic have free access to the courts to exercise their stock in the form that brought the laws.

Article 83.- Corresponds to the State appoint attorneys for the defense of the poor and to ensure the people and the interests of children and incapable. Give them legal assistance and represent judicially in defense of their individual freedom and other rights.

Article 84.- nobody may be arrested or detained but under mandate writing of competent authority, issued with the legal formalities and by reason previously established in the law.

However, the offender in-flagrante may be apprehended by any person for the sole purpose of surrender to the authority.

The arrested or detained must be informed in the act and with any clarity of their rights and the facts that he is charged; and in addition, the authority to be enable communicate his detention to a relative or person of your choice.

ARTICLE 85.- Any person can be arrested or detained but in places as determined by law.

ARTICLE 86.- Every person on trial, which is being detained, has the right to remain separate from those who have been condemned by judgment.

Article 87.- prisons are establishments of security and social defense. Efforts will be in them the rehabilitation of detained and their preparation for the work.

Article 88.- There will be No violence or coercion of any kind on people to force or declare.

No one can be compelled to issue-criminal, disciplinary or police, to testify against itself, against your spouse or partner of home, not against their relatives in the fourth degree of consanguinity or second of affinity.

Only will test the statement given to a competent judge.

Any statement obtained in violation of any of these provisions, is null and void and those responsible incur penalties that established by law.

Article 89.- Every person is innocent until it has declared its responsibility by competent authority.

Article 90.- Nobody can be tried but by judge or court with the formalities, rights and guarantees that the Law provides.

Recognizes the jurisdiction of war for the crimes and offenses of military order. In any case, the military courts may extend its jurisdiction on people who are not in active service in the Armed Forces.
 * Interpreted by Decree 58/1993
 * Amended by Decree 189/1985

Article 91.- When in a crime or lack of military order was involved a civilian or military low, try the case the competent authority of the ordinary.
 * Amended by Decree 189/1985

Article 92.- may not be provided for imprisonment without appropriate full of having committed a crime or offense that worth of deprivation of liberty, and without a rational indication of who is the author.

In the same way will be the declaration of prisoner.

ARTICLE 93.- Even with auto imprisonment, any person can be taken to prison or detained in it, if given sufficient guarantee in accordance with the law.

ARTICLE 94.- anyone penalty without having been heard and expired at trial, and without that it has been imposed by enforceable judgment of Judge or authority.

In cases of constraint and other measures of the same nature in civil matters or labor, as well as in the fine or arrest in the field of police, always must be heard the affected.

Article 95.- No person shall be punishable by not previously established by law, and may not be tried again by the same punishable acts that led previous prosecutions.

Article 96.- The Law does not have retroactive effect, except in criminal matters when the new law favors the offender or prosecuted.

Article 97.- nobody may be sentenced to infamous, proscritivas or confiscatory.

It provides a penalty of deprivation of liberty in perpetuity. The criminal law determine its application for those crimes in the commission of which circumstances serious, offensive and degrading treatment, which by its impact cause shock, rejection, outrage and revulsion at the national community.

The custodial sentences for simple offenses and the accumulated by several offenses are fixed in the Criminal Law.
 * Amended by Decree 46/1997 and ratified by Decree No. 258/1998.

ARTICLE 98.- Any person may be detained, arrested or dam by obligations that are not come from crime or lack.

ARTICLE 99.- homes are inviolable. No income or registration can be verified without the consent of the person who inhabits or resolution of competent authority. However, it may be paved, in case of urgency, to prevent the commission or impunity for crimes or avoid serious damage to the person or property.

Except for the emergency cases, the raid of the home cannot be verified of six o'clock in the afternoon at six o'clock in the morning, without incurring liability.

The Law will determine the requirements and formalities for that takes place the admission, registration or burglary, as well as the responsibilities it may incur who carried out.

ARTICLE 100.- everyone has the right to the inviolability and the secrecy of communications, in particular of postal, telegraph and telephone, except judicial resolution.

The books and vouchers of traders and the personal documents, only are subject to inspection or control of the competent authority, in accordance with the law.

Communications, books, records and documents referred to in this article, which are violated or be, will not make faith in trial.

In any case, it will be saved if the secrecy in respect of the matters strictly private that they have no relation to the subject matter of the action of the authority.

Article 101.- Honduras recognizes the right of asylum in the form and conditions established by law.

When appropriate in accordance with the Law revoked or not to grant asylum, in any case is ejected the pursued political or to the refugee, to the territory of the State that can claim.

The State does not allow the extradition of criminals for political offenses and related common.

ARTICLE 102.- No honduran may be expatriate nor delivered by the authorities to a foreign State.

ARTICLE 103.- The State recognizes, promotes and ensures the existence of private property in its broader concept of social function and without limitations than those who for reasons of necessity or the public interest Law.

Article 104.- The right of ownership does not harm the eminent domain of the State.

Article 105.- prohibits the confiscation of property.

The property cannot be limited in any way because of political crime.

The right to claim the confiscated property is imprescriptible.

Article 106.- Nobody can be deprived of their property but because of necessity or public interest qualified by the law or by resolution based on law, and without compensation justipreciada.

In case of war or internal unrest, is not indispensable that compensation is after, but the payment will be given, not later than two years after the completion of the state of emergency.

Article 107.- The land of the State, ejidal, communal or private property, located in the area adjacent to the neighboring States, or on the coast of both seas, in an extension of forty (40) kilometers inland from the country, and those of the islands, islets, reefs, escolladeros, square, sirtes and sand banks, may only be acquired in domain, owned and taken to any title, by hondurans of birth, by integrated companies in full, by partners hondurans by birth and by the State institutions under penalty of invalidity of the respective act or contract. It apart those cases of acquisitions of domain, of possession in the coastline of both seas, in the islands, islets, reefs, escolladeros, square, sirtes and sand banks, when they are designed to projects for tourism development, duly approved by the Executive Branch in accordance with a Special Law.

Are also excused from this provision, the urban property within the limit specified in the previous pórrafo; whose domain, possession and tenecia will be purpose of a special legislation.

It prohibits property registrars the registration of documents that contravene these provisions.
 * Amended by Decree 294/1998

Article 108.- Any author, inventor, producer or trader shall enjoy the exclusive ownership of their work, invention, mark or trade name, according to the law.

Article 109.- taxes shall not be confiscatory.

No one is obliged to pay taxes and other taxes which have not been legally decreed by the National Congress, in regular sessions.

No authority apply provisions in contravention to this precept without incurring the responsibility to determine the Law.

ARTICLE 110.- Any person with free to manage their property, can be deprived of the right to complete its civil affairs by transaction or arbitration"

Family Law
There are several methods of obtaining Honduran citizenship. It can be obtained by birth, naturalization, and by descent. To gain citizenship by birth a child must be born in the country or on a vessel in Honduran territorial waters. If a child is born abroad then they can achieve Honduran citizenship as long as one of the parents is a citizen of Honduras. There are numerous methods of becoming a naturalized citizen: Central American birth and reside in Honduras for one year, Spaniards and Spanish-Americans who have resided in Honduras for two years, anyone who has resided in Honduras for at least three years, a person who has married a Honduran citizen.

Inheritance laws in Honduras are handled by the civil court. The Honduran legal systems allows persons to leave their estate to anyone they wish, but the estate must cover the expenses left behind by the deceased. If a deceased person does not leave a will, their estate will be distributed first to the descendants (children) of the deceased. If the deceased person has no children then the estate goes to the parents or grandparents. If the deceased has no children and no living parents or grandparents then the estate goes to the brothers. The spouse of the deceased would receive the estate if the departed person has no close relatives or brothers. Finally, if the deceased person has no relatives then his or her estate is distributed to the municipality.

Human Rights
Honduras has an overall high level of murder but there are also a high number of women who have been killed there as well. In 2008 312 women were killed which outraged many women's rights groups. Honduras has had a lingering problem with government corruption and ineffectiveness. In 2009 four policemen were convicted of killing two environmentalists, and three weeks after being sentenced, two of the convicts escaped and another did shortly after. The government also has difficulty in solving missing persons cases. Since the 1980's there have been 125 cases of disappearance that have yet to be solved. The United Nations has criticized the Honduran government for not being thorough enough in pursuing these cases. During a coup d'etat by the military in June of 2010, excessive force and violence were used by authorities to counter the political unrest and demonstrations. President Jose Manuel Zalaya Rosales was forcefully removed from power on June 28 of 2010 by a group of opposition politicians which was also backed by the military. Attacks and intimidation were prevalent during this time against opposite sides of the movement. Although the Honduran Constitution explicitly outlaws all forms of discrimination, women still receive unfair treatment in Honduran society. Personal relationships between men and women are mostly influenced by tradition and sexism. Feminist movements in the 1980's and 1990's have improved living conditions for women overall but some discriminatory laws are still in place. An example of one of these laws is the possibility for a woman of "good reputation" to carry out a prison sentence in her marital home.

title: Comparative law and justice/Honduras


text:
Comparative law and justice/Bolivia

Part of the Comparative law and justice Wikiversity Project

Basic Information

Bolivia is a vibrant country located in South America. Bolivia gained its Independence in 1825 after a rebellion, which was led by Simon Bolivar, who later gave his name to the country. Bolivia is one of the least developed countries in South America. Almost $2/3$rds of the population live in poverty.

Geographical Demographics
Bolivia is located in the central part of South America. It has an area of 424,164,000 square miles. The bordering country's of Bolivia are Argentina, 832 km, Brazil, 3,400 km, Chile 861 km, Paraguay 750 km, and Peru at 900 km. The country of Bolivia is surrounded by land on all sides. The worlds highest navigable lake which is Lake Titicaca is shared with Peru. The land encompasses the beautiful Andes mountain range, the high altitude Altiplano plateau, the highlands, and the surrounding lower Amazon region.

People
Bolivia's population is 9,947,418 inhabitants as of July of 2010. The Age structure is as follows:

 * 0-14 years: 35.5%. Males 1,767,310 / Females 1,701,744.

 * 15-64 years: 60%. Males 2,877,605 / Females 2,992,043.
 * 65 + years: 4.5%. Males 193,196 / Females 243,348

As far as language is concerned Spanish is the number one language widely spoken as 60% of the population speak Spanish. There are various indigenous groups were a variety of languages are spoken, they are as follows: Quecha 21.2 % and Aymara 14.6 %

Ethnic Groups
The major ethnic groups in Bolivia are the Aymara and Quechua who are about  (2 million), the  Chiquitano (180,000) and Guaraní (125,000) these are of  the four largest of Bolivia's nearly 30 indigenous ethnic groups. The great majority of European descendants are of Spanish origin, although fairly large German, North American and Italian communities exist as well. There are also smaller Asian, Middle Eastern, Japanese, Chinese, Korean, Jewish, Mennonite, Swiss, Dutch and other minority groups. Many of these families settled in Bolivia several generations ago. Bolivia also has a small Afro-Bolivian group who reside in the Yungas region, this group are  descendants of the few slaves brought from Africa.

Religion
The predominant religion in Bolivia is Roman Catholic, whereas  95% of the population practice this religion, there is about a 5% ratio of persons who practice the   Protestant (Evangelical Methodist) religion.

Brief History
As we look at Bolivia's history dating back to the 1800's we see that modern Bolivia was once a part of the ancient Inca empire. "After the Spaniards defeated the Incas in the 16th century, Bolivia's predominantly Indian population was reduced to slavery. The remoteness of the Andes helped protect the Bolivian Indians from the European diseases that decimated other South American Indians. But the existence of a large indigenous group forced to live under the thumb of their colonizers created a stratified society of haves and have-not that continues to this day. Income inequality between the largely impoverished Indians who make up two-thirds of the country and the light-skinned European elite remains vast."

"The country won its independence in 1825 and was named after Simón Bolívar, the famous liberator. Hampered by internal strife, Bolivia lost great slices of territory to three neighboring nations. Several thousand square miles and its outlet to the Pacific were taken by Chile after the War of the Pacific (1879–1884). In 1903, a piece of Bolivia's Acre Province, rich in rubber, was ceded to Brazil. And in 1938, after losing the Chaco War of 1932–1935 to Paraguay, Bolivia gave up its claim to nearly 100,000 sq mi of the Gran Chaco. Political instability ensued."

"In 1965, Maj. Ernesto (Ché) Guevara began a revolutionary war. "With the aid of U.S. military advisers, the Bolivian army smashed the guerrilla movement, capturing and killing Guevara on Oct. 8, 1967. A string of military coups followed before the military returned the government to civilian rule in 1982, at that time Hernán Siles Zuazo became president. With his presidency, Bolivia had workers striking on a regular basis due to this the country had the lowest per capita income in South America".

"In June 1993, free-market advocate Gonzalo Sánchez de Lozada was elected president. He was succeeded by former general Hugo Bánzer, an ex-dictator turned democrat who became president for the second time in Aug. 1997. Bánzer made significant progress in wiping out illicit coca production and drug trafficking, which pleased the United States. However, the eradication of coca, a major crop in Bolivia since Incan times, plunged many Bolivian farmers into abject poverty. Although Bolivia sits on South America's second-largest natural gas reserves as well as considerable oil, the country has remained one of the poorest on the continent".

"In Aug. 2002, Gonzalo Sánchez de Lozada again became president, pledging to continue economic reforms and to create jobs. In Oct. 2003, Sánchez resigned after months of rioting and strikes over a gas-exporting project that protesters believed would benefit foreign companies more than Bolivians. His vice president, Carlos Mesa, replaced him. Despite continued unrest, Mesa remained popular during his first two years as president. In a July 2004 referendum on the future of the country's significant natural gas reserves (the second largest in South America), Bolivians overwhelmingly supported Mesa's plan to exert more control over foreign gas companies. Mesa managed to satisfy the strong anti privatization sentiment among Bolivians without shutting the door on some limited form of privatization in the future. But rising fuel prices in 2005 led to massive protests by tens of thousands of impoverished farmers and miners, and on June 6 Mesa resigned. Supreme court justice Eduardo Rodriguez took over as interim president".

"Bolivian Indian activist Evo Morales of the Movement Toward Socialism (MAS) won 54% of the vote in Dec. 2005 presidential elections, becoming the country's first indigenous president. He carried out two of his three major initiatives in 2006: nationalizing Bolivia's energy industry, which is expected to double the country's annual revenues; and forming in August a constituent assembly to rewrite the constitution, which will ensure greater rights for indigenous Bolivians. His third major initiative is to legalize the growing of coca, which many Bolivians consider an integral part of their culture. His controversial coca policy, his plans to limit foreign investment, and his close ties with the leftist governments of Venezuela and Cuba have predictably antagonized the United States. Morales has referred to himself as the “United States' biggest nightmare.”

"On Dec. 9, 2007, Morales presented a new constitution to congress. The new chapter, which will give indigenous people more rights, recognize 37 official languages, and grant indigenous communities autonomy, was approved by 164 of the 255 constituent assembly members. The opposition boycotted the meeting, however, claiming that the document is illegal because it was not approved by the required two-thirds majority. Regardless of the opposition, the government plans to submit the document to a referendum in 2008".

On Aug. 10, 2008, President Morales won the vote on a recall winning with 63.5 percent of voters who were in full support of his administration. The recall vote was not successful, and the removal of Morales from office by his opponent Podemos, did not happen.

A new constitution that extended rights to all of the indigenous population  who are the  majority, was achieved also the new Constitution made way for the President  to run for a second five-year term. These new rights were passed in a national referendum in January 2009.

In December, Morales was re-elected for a  second term, taking more than 60% of the vote, well ahead of his conservative opponent."

Economic Development, Health, and Education
The GDP of Bolivia is an estimated figure of $17.5 billion. (as of 2009) "Annual growth rate: 3.7%, and the Per capita income: $1,767. The Natural resources: Hydrocarbons (natural gas, petroleum); minerals (14.24% of GDP--zinc, silver, lead, gold, and iron). Agriculture (10.44% of GDP): Major products--Soybeans, cotton, potatoes, corn, sugarcane, rice, wheat, coffee, beef, barley, and quinoa. Arable land--27%. Manufacturing (11.17% of GDP): Types--food and beverages, textiles, wood. Transportation and communications: 8.41% of GDP. Public administration services: 10.44% of GDP. Trade: Exports--$5.3 billion (2009 est.). Major export products--natural gas, tin, zinc, coffee, silver, wood, gold, jewelry, soybeans, and soy products".

The Life expectancy of the Bolivian people on a whole is 67.23 years of age, for males it is 64.52 years of age, and for females it is 70.07 years of age. The infant mortality rate is 43.41 deaths per year per 1000.00 live births. Bolivia's life expectancy is low compared to other countries that are more developed.

Governance
The country of Bolivia is a Republic Government. The country is now called the "Plurinational State of Bolivia"

The Branches of Government are made up of three branches which are the Executive Branch, Legislative Branch, and the Judicial Branch of the Government.

The Executive Branch

This branch is led by Juan Evo Morales, This branch of Government has lots of  power, the president is the chief of state, and head of the Government. The Vice President is Alvaro Linera Garcia. The cabinet members in the Executive Branch are elected by the President. The elections of the  president and vice president who are  elected on the same ticket by popular vote for a single five-year term The last  election was held on 6 December 2009 (next to be held in 2014); note - per the new constitution, presidents can serve for a total of two consecutive terms

The Legislative Branch

The National Congress of Bolivia consists of 27 senators, where 3 are elected per department (there are nine different areas within the country). They are elected by popular vote within each department. Within the Legislative Branch there is also a Chamber of deputies, where 130 seats are occupied. Of the seats 69 of them are elected by popular vote, and the remaining 61 seats are elected by proportional representation from party lists. They also serve 5 year terms.

The Judicial Branch

The Judicial Supreme Court the judges are  elected by popular vote from list of candidates Pre-selected by Assembly for six-year terms); District Courts has one judge in each of the nine departments.  For judicial review Bolivia has the  Plurinational Constitutional Court where there are five primary  judges  and five alternate or "suplente"  magistrates they are  elected by popular vote from list of candidates Pre-selected by the  Assembly as well for  for six-year terms this court rules on all constitutional issues.  The  Plurinational Electoral Organ (seven members elected by the Assembly and the president, one member must be of indigenous origin to  serve six-year terms. Agro-Environmental Court these judges are elected by popular vote from list of candidates preselected by the  Assembly for  once again six-year terms. Their main focus is on agro environmental issues.

Bolivia's Constitution

Bolivia's newest Constitution was rewritten in 2004 and finally passed in 2009. The President of Bolivia Evo Morales made significant changes that enabled more rights to indigenous groups. There was a 61 percent support of Morales new reformed Constitution, the majority of that support was from the western highlands where the country's indigenous majority has a vast population. Key reforms to the Constitution include:

Voting
 * 1) Re-election of the Presidency which mow allows Mr Morales to stand for re-election in Dec 2014.
 * 2) Indigenous rights to the majority of the population which focuses on the sacredness of ethnicity in Bolivia's land and a whole chapter is now devoted  devoted to indigenous rights
 * 3) Autonomy: Power decentralized in acquiring 4 levels of autonomy, which are  departmental, regional, municipal and indigenous.
 * 4) Resources: State now has control over economic sectors, also over vast natural gas fields.
 * 5) Indigenous systems of justice same status as official existing system. Judges will be elected, and no longer appointed by Congress.
 * 6) Land: There is now a new  limit on ownership which allows 5,000 hectares (12,355)

The voting age in Bolivia is 18 years of age for married people and 21 years of age for single people. Voting in Bolivia is universal and mandatory!

Legislation

In order for Laws to be made there is a Legislative process that must be followed. The bill or bills must pass through The Chamber of Deputies and the Senate. The President then must sign the bill into Law. The President may also veto the bill. This veto may be overridden by a vote of 2/3rds of Congress.

Judicial Review

The disorganized system of judicial review ended between 1995 and 1998. The was a new judicial power created called the Constitutional Tribunal (CT). This new concentrated form of judicial review introduced three profound  changes. "First: The Constitutional Tribunal had stronger powers to assess legislation, administrative acts, and inter‐branch conflicts (Law 1836).7 Second: The decisions of the magistrados were not limited to the parties in the process, as in the diffuse system, but they prevailed erga omnes. Third: The Court had both preventive and corrective powers of judicial review, whereas previously the Supreme Court had none of those capacities since it was not possible to annul a law that a judge found to be unconstitutional".

Criminal Law System

There was a new criminal procedure code enacted in 1999, was set in stone in 2001, its roots are inspired by the Civil Law Tradition. The new code introduces new structures that are like the common law tradition, such as jury trials and oral arguments. Bolivia recognized the need to reform the outdated judicial system. The new criminal procedure now adapted the role of the oral argument, from the common law tradition and introduced it in criminal court proceedings. This change implements the inquisitorial system into somewhat more of an aquestorial system. Now judges do not have the power to decide cases, in Criminal Courts. Lawyers and the prosecution take more of an independent role.

Courts, Civil and Criminal Law
Courts and Civil Law

The Bolivian Court system consists of the Upper and Lower levels of courts. The highest court is the Supreme Court of Justice. The Supreme Court consists of a President and eleven judges called ministros. The different chambers of the Court hear cases on civil, penal,social and administrative matters. Justices (ministros) are elected for a term of ten years. The primary responsibility of the Supreme Court of Bolivia is hearing matters on the Constitutionality of Laws. The Senate elects members to become part of the Superior District Court, whose members are elected for a term of six years. The Superior District Court hears civil and criminal appeals sent up from the lower courts. The juegos de partido are lower court, sectional, and investigating judges, who are elected for four year terms. They are located in the cities and towns, of each of the nine departments. The investigating judges investigate and prepare cases for the sectional judges who try the cases. The lowest courts of the judicial system are the mayors' courts, where the local judges are employed. This is where most civil cases are heard, many of which pertain to hearing small claims. Although direct damages are available (e.g. lost profits), punitive damages are not regulated.

Criminal Law

The Constitution of Bolivia, written in 2009, protects the presumption of innocence for criminal defendants. The Constitution also protects the accused from having to self incriminate. Please see articles below taken directly from the Constitution.

"Article 116. I. It guarantees the presumption of innocence. During the process, if in doubt about the applicable standard, governed most favorable to the accused or defendant."

"Article 121. I. In criminal matters, no person shall be compelled to testify against himself or against blood relatives within the fourth degree or by affinity to the second degree. The right to remain silent will not be considered as evidence of guilt."

Punishment
As far as incarceration rates are concerned, according to the World Factbook Bolivia has 7,710 people in jail. For every 100,000.00 persons in Bolivia 83 of them are in prison.

"Conditions in Bolivian jails are substandard, except for some drug traffickers and terrorists, who pay for and receive special treatment. Poorer Bolivians endure overcrowding, malnutrition, unsanitary conditions, and drug and alcohol abuse in their cell blocks. Most prisoners must pay for their cells. A prisoner who cannot pay the minimal amount necessary to secure the smallest cell must become, as a practical matter, indentured to a prisoner who owns a cell. In the poorest parts of the San Pedro prison in LaPaz, prisoners are housed in cells (3 by 4 by 6 feet) with no ventilation, lighting, or beds (gunny sacks are used as substitutes)."

"The food budget amounts to $0.25 a day per prisoner. Malnutrition is commonplace, and prisoners must supplement their diet any way they can: if their families do not regularly bring food, they may work in the prison factory or sell drugs, alcohol, or other contraband. By law, children up to 6 years old may live in prison if the incarcerated parent so desires. Government authorities have sought to get children out of the prisons, but many are still there because they have nowhere else to go. There are several prison deaths every year related to malnutrition and poor medical care. In May all 1,400 inmates at San Pedro prison in La Paz staged a hunger strike to protest prison conditions, the lack of day passes, and the delay in bringing cases to trial."

In Bolivia Capital Punishment does not exist for all crimes. This was abolished in 1997. The last execution was carried out in Bolivia in 1974.

In Bolivia Corporal punishment is lawful in the home. Article 276 of the Criminal Code states:“No aggression will be punished if the victim of the aggression is not seriously hurt and the aggressor is husband or wife, parent or grandparent, child or grandchild, sibling, close relative, political sibling, and if they are living Together." Corporal Punishment is also not allowed in schools. Corporal punishment is unlawful as a sentence for crimes. It is not a permitted sanction under the Criminal Code, the Juvenile Code (1992) or the Law on the Public Ministry (2001). However, sentences of corporal punishment are traditionally ordered by community elders in indigenous justice systems. The Constitution establishes Bolivia as a “Plurinacional Republic” and allows the indigenous peoples their right  to self-determination.

Law Enforcement
I believe that Bolivia would be considered a Multiple Coordinated Police System, due to the fact that the Police Units in the country are  indirectly run by the government.

The law enforcements structure begins with the highest position and commandeer in charge being the President of the Country Evo Morales. Second in Command is the Minister of Government Sacha Lorentti Soliz.

The Next person in charge would be the General Commander, Ciro O. Farfane Marcilla, followed by the sub General Commander Jorge R. Santesteban Claure, next in Line is the Inspector General Oscar Munoz Colodro. These are the highest levels of command in the Bolivian Law Enforcement.

There are different departments and special units within the Bolivian Police. They are as Follows:

 * F.E.L.L.C.- this department specializes in the fight against Organized Crime.

 * F.E.L.C.N.- this department specializes in the fight against drug trafficking.

 * C.O.A.-Bolivia- this department specializes in the control of customs and Immigration.

 * Diprove-Bolivia-this department is a special unit that investigates the major problem of the Stealing of autos and auto parts.

 * Radio Patrullas- this is the department that is located in all 9 departments, which is the largest group of the Bolivian Police Department.  This is the department that patrols the neighborhoods in all areas, you would reach them by dialing 110.

 * PAC- which operates in all departments as a Community Police Unit.

 * Transito- which is the department that controls the transit in all of the country.

 * Patrullla Carretera- this department is the highway patrol division of the Bolivian Police.

 * Brigada de Protecion Familiar- this department is a special unit that handles all domestic cases.

To become a police officer in Bolivia it is a process just like we have here in the United States. The requirements to apply to the academy are as follows:

 * One has to show proof that they are a born a Bolivian National.

 * One must be between 18-22 years of age.

 * One must supply a notarized document stating that they can take part in medical, clinical, laboratory and psychological tests.

 * A candidate must also submit a background check, that they have never had a criminal record.

 * Also one must submit 4 pictures 4x4 in size of their full body with an olive green background.

When all this is done candidates are selected to enter the Police Academy (UNIPOL)

Family of Law
Bolivia's Legal System is based on Spanish and old Napoleonoc Code. Bolivia is also a part of the Civil Law Tradition.

This type of law focuses on a rational and universal legal system. (from my notes)

Crime Rates and Public Opinion
Bolivia is a country with a medium to high crime rate. The typical crimes that are done in a high quantity are pickpocketing,car theft, assaults and burglary's. Bolivia also tends to have a lot of problems with illicit drugs, as they are the 3rd largest nation to grow the cocoa plant. This results in illegal drug trafficking of cocaine and many Bolivian's do participate in the illegal drug trade. According to the United Nations Homocide Statistics on Intentional Homicides per 100,000, since 2008 Bolivia had an average of 10.6 homicides.

Family Law
The Legal age in Bolivia is 21 years of age, for most things including marriage. Most men are allowed to get married at 16 years of age and woman as early as 14 years of age, if they have parental consent. Exceptions for parental or guardians consent would be minors minors who are pregnant  and orphans. The only type of marriage that is legal in Bolivia is a Civil marriage, which is usually performed after a church ceremony. The mentally ill are not allowed to marry. A woman who is a widower, divorced or has her marriage anulled, may not re-marry for  at least 300 days after a spouses death, or a divorce is settled. Protection of the Bolivian female in a family setting needs lots of improvement. There are many gender stereotypes still exsisting in Bolivia. There is no exact information is available about parental authority and custody rights in Bolivia.

In Bolivia women and men have equal inheritance rights.

SECTION VII RIGHTS OF ELDERLY ADULTS

"Article 67. I. In addition to the rights recognized in this Constitution, every person of adult age has the right to a dignified old age that has quality and human warmth"

II. "The State shall provide an old age pension within the framework of full social security, in accordance with the law.

Article 68. I. "The State shall adopt public policies for the protection, attention, recreation, rest and social occupation of elderly adults, in accordance with their capacities and possibilities".

Bolivia has become part of the Convention of the rights of children

Juveniles in Bolivia have many rights. One of the major rights that has recently been focused on is the Bolivians youths right   to an education.

Human Rights
In Bolivia the fundamental rights for each person that are protected by the legal system are as follows:

Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

b. Disappearance

c. Torture or any other type of degrading cruel or inhumane punishment

d. Arbitrary arrests or detention

e. Denial of a fair public trial

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

Although the law prohibits discrimination based on ones  race, gender, language, sexual orientation, or social status, The persons who were mostly affected by discrimination,and experienced the most discrimination, are as follows in order are woman, indigenous people, and the small black minority. Persons with HIV/AIDS, indigenous people, peasant farmers, and homosexuals.

Woman are treated unequal to men in Bolivia, as by law they are considered to be of an equal status many do not know their legal rights. Woman suffer severe to the crimes of rape and domestic violence, as they  occur at high rates. The violence of woman is not taken very serious in Bolivia. The special units of family protection are understaffed due to lack of economical support from the government. I would say that woman are treated with major inequality issues and are at the top of the lists for being denied their basic human rights.

Children are next on the lists when it comes to human rights issues. Many children are homeless, and live in detention centers. Children's basic human rights are abused astronomically as corporal punishment, child prostitution,human trafficking, and child labor are all major problems in Bolivia.

Persons with disabilities are not widely accepted in the society as a whole in Bolivia.

Racism is a major problem as the Afro-Bolivian minority, who do not seem to progress in Bolivia, tend to remain at the lowest scale of the socioeconomic status. This is based on wide spread racism against this minority. This minority encounters severe disadvantages in health, life expectancy, education, income, literacy, and employment.

As far as discrimination is concerned, a study conducted by the country showed 80 percent of homosexuals were discriminated against in the workforce, 70 percent in the educational system, and 60 percent in health centers.

The human rights ombudsman reported that persons living  with HIV/AIDS disease were the  ones who faced the highest degree of  discrimination in the country .

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Comparative law and justice/Bolivia


text:
Comparative law and justice/Austria

Part of the Comparative law and justice Wikiversity Project

Edhunt20 22:46, 7 February 2011 (UTC)

Basic Information
The Republic of Austria is located in Central Europe, north of Italy and Slovenia and south of Germany and The Czech Republic. Its geographic coordinates are 42 20 N, 13 20 E. Austria borders The Czech Republic (362 km), Germany (784 km), Liechtenstein (35 km), Slovakia (91 km), Slovenia (330 km), Italy (430 km), Hungary (366 km), and Switzerland (164 km). The size of Austria is 83,871 sq km. 82,445 sq km of that area is land and 1,426 sq km is water. The country is landlocked and slightly smaller than the state of Maine. Austria has a temperate climate, with cold winters and moderate summers. Winter in Austria is comprised of frequent rain. There is snow in the mountains and some snow in the lowlands. During the summer there are occasional showers. The western and southern parts of Austria are mostly mountains. The eastern and northern parts of the country are mostly flat or gently sloping. Austria's lowest point is Neusiedler See (115 m) and its highest point is Grossglockner (3798 m). Austria's natural resources are oil, hydropower, copper, coal, lignite, timber, zinc, iron ore, antimony, salt, graphite, magnesite, and tungsten. The country also has natural hazards such as landslides, earthquakes, and avalanches. The major river in Austria is the Danube. Austria's population as of July 2010 is 8,214,160. There are 609,748 males and 581,144 females between the ages of 0 and 14. This age group comprises 14.5% of the population. There are 2,785,091 males and 2,756,402 females between the ages of 15 and 64. This age group comprises 67.5% of the population. There are 612,613 males and 865,283 females 65 years old and older. This comprises 18% of the population. As of the 2001 census, 91.1% of Austria's population is comprised of Austrians. 4% of the population is former Yugoslavs, which includes Croatians, Slovenes, Serbs and Bosniaks. 1.6% of the population is Turks. .9% of the population is German. The remaining 2.4% is other or unspecified. Also, according to the 2001 census, German is spoken nationwide by 88.6% of the population and is considered the official language. 2.3% of the population speak Turkish. 2.2% speak Serbian. 5.3% of the population speak other languages which include Slovene, which is an official language of Carinthia, and Hungarian, which is an official language of Burgenland. 1.6% of the population speak Croation with is also an official language of Burgenland. As of the 2001 census, the major religion in Austria is Roman Catholic which is practiced by 73.6% of the population. 4.7% of the population is Protestant. 4.2% is Muslim. 3.5% is listed as other. 2% is unspecified. 12% of the population is listed as not being affiliated with any religion. Austria is a federal republic and the nation's capital is Vienna.

Brief History
In as early as the 4th century BC, Austria had Celtic people living across it. Romans conquered the region sometime in the 1st century BC. They built towns and roads bringing the Roman way of life to the area. By the 4th century AD Austria was overrun by tribesmen. Charlemagne, The King of the Franks, eventually conquered the area and made it part of his empire. Austria prospered during this era. When Charlemagne died his empire was split up three different ways. Austria went to Louis the German. Magyars, which became the ancestors of modern Hungarians, began raiding Austria in the 10th century. They were defeated by the German King Otto I. The Germans regained control of the area in 955 AD. The Holy Roman Emperor made Austria a Duchy and its ruler a Duke in 1156 AD. During this era Austria prospered once again. In 1246 the Bohemian King Ottobar was elected Duke. Rudolf von Hapsburg became the Holy Roman Emperor in 1273. Hapsburg defeated the Bohemian King. In 1282 Hapsburg made his son Albert the Duke of Austria. The Hapsburgs ruled for centuries and built a powerful empire in central Europe. Rudolph IV became the Duke of Austria in 1358. He was known as The Founder. Rudolph IV founded Vienna University. Albert II, Duke of Austria, became the king of Bohemia and Hungary in 1437. He then became the Holy Roman Emperor in 1438 and Austria became a dominant power. The Turks laid siege to Vienna in 1529, but were not able to capture it. The Austrian Empire prospered throughout the 16th century. Most of the population did not benefit from all the prosperity and remained peasants. The Reformation affected the Austrian Empire and many people converted to Protestantism. The Catholic Counter-reformation, Jesuit preaching, and the fact that Rudolf II persecuted Protestants helped win some of the converts back. From 1618-1648 Austria was involved in the Thirty Year War. Much of the lands were devastated. The Turks once again laid siege to Vienna in 1683, but the Germans and Poles came to the rescue. Austria had several long wars during the 18th century. Part of Italy and Sardinia were added to the Austrian Empire during the War of Spanish Succession (1701-1714). Emperor Charles VI did not have a male heir, but he was able to make his daughter the next ruler. Maria Theresa took over the empire in 1740. Prussia started the War of Austrian Succession (1740-1748) when they took Silesia. Austria had to fight the Prussians, Spanish and French during this war. Maria Theresa married Francis of Loraine and he became Emperor in 1748. When Francis I died in 1765, Maria Theresa ruled the empire with her son Joseph II. Austria and France fought a series of wars from 1792 through 1815. Napoleon broke up the Holy Roman Empire in 1806. The Holy Roman Emperor, Franz I, became the Emperor of Austria. Napoleon was defeated in 1815. The Foreign Minister, Klemens Metternich, introduced a repressive regime that was opposed to liberal ideas. Austria was still able to prosper and by the middle of the century there was even some industrialization beginning to pop up in some areas of the country. Nationalism was growing in the Austrian Empire during this era. Revolutions swept across Europe in 1848. Metternich resigned and a new Emperor, Franz Joseph, restored absolute rule and order returned to Austria. In 1859 Austria was defeated by France and in 1866 Austria was defeated by Prussia. Austria was no longer the dominant power in Central Europe. Austria split in to two parts in 1867. Both parts were ruled by the same Emperor. Austria was on one side and Hungary was on the other side. It became the Austro-Hungarian Empire. Industry in Vienna grew rapidly in the late 1800’s and railways were built across the empire. Ethnic groups in the Empire wanted independence. The heir to the Austrian throne, Archduke Ferdinand, was assassinated leading to World War I. In October of 1918 various races declared independence breaking up the Austro-Hungarian Empire. The Emperor resigned his position and on November 12th that same year the Republic of Austria was declared. Austria began to recover from the war in the 1920’s. Like the rest of the world, Austria was hit with the Great Depression during the early 1930’s. The Nazis attempted to seize power of Austria in 1934. The Nazis shot the chancellor, Engelbert Dolfuss, but Austrian troops were able to defeat the Nazis. Hitler forced the Austrian government to put Nazi party members in important positions in 1938. By March of 1938 German troops occupied Austria. During World War II, many Austrian soldiers were killed and the country was bombed by allied forces. In 1945 the country suffered even more by the Russian Invasion. The allies decided to restore Austria to an independent nation after the war. Austria was divided into four zones by the allies in April 1945. The zones were United States, France, Britain, and Russia. They held the first parliamentary elections in November of that same year. Austria became an independent nation once again in 1955 and declared permanent neutrality. In December that same year Austria joined the United Nations. Austria prospered throughout the rest of the 20th century and in 1995 joined the European Union.

Economic Development, Health, and Education
The literacy rate of Austria is very high. 98% of the population is literate. All Austrians, males and females, 15 years old and older can read and write. The school life expectency is 15 years for both males and females. That includes their primary to tertiary education. Public education, including higher education, is free in Austria. 9 years of education is mandatory. The University of Vienna, which was established in 1365, is Austria's oldest University.

The life expentency at birth for Austrians is 79.65 years. The male life expectency is 76.74 years. The female life expectency is 82.71 years. The total infant mortality rate is 4.37 deaths for every 1000 live births. The male infant mortality rate is 5.31 deaths for every 1000 live births. The female infant mortality rate is 3.38 deaths for every 1000 live births.

Austria's GDP (purchasing power parity)as of 2010 est. is $332.9 billion. The GDP official exchange rate is 366.3 billion as of 2010 est. The GDP real growth rate is 2% as of 2010 est. The GDP per capita is $40,300 as of 2010 est. Austria has a labor force of 3.63 million workers. 5.5% of the labor force work in agriculture, 27.5% work in industry, and 67% work in services. The country's unemployement rate is 4.6% as of 2010 est. Austrian agriculture produces grains, potatoes, suger beets, wine, and fruit. It also produces dairy products, cattle, pigs, poultry, and lumber. Austrian industries are construction, machinery, vehicles and parts, food, metals, chemicals, lumber and wood processing, paper and paperboard, communications equipment, and tourism. Austria exports electricity, oil, natural gas, machinery and equipment, motor vehicles and parts, paper and paperboard, metal goods, chemicals, iron, steel, textiles, and foodstuffs. It imports electricity, oil and oil products, natural gas, machinery and equipment, motor vehicles, chemicals, metal goods, and foodstuffs. Austria's export partners as of 2009 are Germany (30.96%), Italy (8.17%), Switzerland (4.99%) and the United States (3.99%).

Governance
Austria is a democratic republic. It has had a Federal Constitution since 1920. The constitution was amended in 1929 in order to give the president more power. The Federal President is the head of state and is elected by the people. The president has limited authority over the government. The Chancellor, or Prime Minister, is the head of the government and chairman of the cabinet. The Chancellor is usually the leader of the party with the most seats in the National Council. . The National Council is the lower half of Austria’s bicameral parliament. The Chancellor and his/her cabinet have the most executive powers and they write the majority of legislation, but can only govern with the National Council’s approval. . The Federal Council is the upper chamber of parliament. The Federal Council represents the interests of Austria’s nine provinces.

Elections
Austria’s electoral system was outlined in the country’s constitution of 1920. The system is based on proportional representation. There were major changes to it in 1970 and 1992. Reuters simplified the decription of this system with the following statement in 2008, “Austria is divided into 9 constituencies that match the federal states, which in turn are subdivided into 43 electoral regions. To secure a place in parliament, a party needs either to win four percent of the votes across the country, or a set share in one of the 43 electoral constituencies (20-25 percent depending on the region). The 183 seat Austrian parliament, the National Council, is elected every five years by direct popular vote in a system of proportional representation. Voters choose a political party but can at the same time give one candidate of the party a preferential vote and influence their ranking on the list. About 6.1 million Austrians are eligible to vote out of a population of around 8.4 million. The minimum age to vote is 16.”

Under article 60 of the Austrian constitution, a candidate for president must have reached their 35th birthday. They must be able to vote in National Council elections and not be a member of one of the reigning houses, or from a family who has formally ruled. To become president they must receive more than half of the popular votes. If there is not a candidate who receives more than half of the votes then there is a second ballot with the two candidates who had the highest number of votes. When the president is elected it is for term of six years and they are only allowed to serve two terms. The Chancellor is appointed by the president and based on the Chancellor's recomendations the president also appoints people to the various cabinet positions. The cabinet members do not have to be members of the National Council, but they have to be eligiable to be elected to it.

Judicial Review
The Constitution Court of Austria is primarily the court in charge of judicial review. The court handles whether or not a law is constitutionally legal, or if any rulings by the administration are in violation of the constitution. The court handles many other violations of the constitution as well. The court gains its authority from Austria’s Federal Constitution in Articles 137 through 148.

Courts and Criminal Law
The Austrian Fundamental Principles of the Criminal Procedure according to the Hauser Global Law School Program are as follows: "The charge principle: every criminal procedure will be triggered and defined by the claims of a prosecutor. The prosecutors can be the public prosecutor (State Prosecutor), the subsidiary prosecutor or the private prosecutor. The legality principle: it is the duty of the State Prosecutor (subject to exceptions) to prosecute the offences of which he becomes aware whilst in office. The speech principle (the reading of statements from the preliminary proceedings by the examining magistrate or the police is only possible in limited circumstances.) The public principle (the public should only be excluded from a hearing on important grounds) The procedure must be carried out in front of a legally appointed judge. Participation of the public in the criminal justice (jury and juror). Establishment of the truth principle (the court must do everything in its power to clarify the state of affairs and should not limit itself to the examination of the claims from the state prosecutor and the defense). Independent Judgment Principle (the judge forms his opinion independently without outside interference)"

The Austrian Court System has two principal jurisdictions. The first are the courts of ordinary jurisdiction and the second are the courts and tribunals that deal with public law issues. All jurisdictions stem from the Federal Republic. The courts of ordinary jurisdiction deal with matters of private law, aspects of competition law, and criminal law. Courts of the first instance cases are either under the jurisdiction of a District Court or a Regional Court. It depends on the type of criminal case, or the amount claimed in a civil case. Whether it is a criminal or civil case determines whether the case will be heard by a single judge, two professional and two lay judges, or three professional judges and a jury of eight people. The courts of second instance handle appeals. If a criminal matter is appealed it goes directly in front of a Province Court. Civil matters that first were heard in a District Court must be appealed to a Regional court. If the civil matter was first heard at a Regional Court it must be appealed to the Province Court.

The Supreme Court is the highest court in Austria for civil and criminal cases. Only cases of the last instance will be heard by the Supreme Court. There are six senates for criminal cases. Civil cases have ten senates. There are also two additional senates for social and labor cases.

Punishment
According to the World Fact Book, as of 2007 Austria had a prison population of approximately 8,766. For every 100,000 Austrians, 105 are incarcerated. Austria outlawed the death penalty for ordinary crimes in 1950 and for all crimes in 1968. Corporal Punishment is against the law in Austria. It is against the law in all settings. This includes schools and the home. By 1867, corporal punishment, was abolished as a sentence for crime. It is also against the law to use corporal punishment as a disciplinary measure in penal institutions and alternative care settings.

As of 2004, Austrian prison conditions, according to the U.S. Department of State website, were as follows: "Prison conditions generally met international standards. The Government held male and female prisoners, adults and juveniles, and pretrial detainees and convicted criminals separately. The Government permitted independent human rights observers to conduct prison visits. Some human rights observers criticized the fact that nonviolent offenders, such as persons awaiting deportation, were incarcerated for long periods in single cells in inadequate facilities designed for temporary detention. Some observers argued that the Government should hold prisoners in more open facilities."

Austrian prisons such as the one mentioned in the New York Times article Behind Bars…..Sort Of might be a good way to display the Austrian philosophy of rehabilitation and how good the conditions are in some of the Austrian prisons. Of course the prison outside of Leoban, described in the above article, is an extreme example. Inmates there live comfortably with their fellow inmates. They cook, use metal utensils, have private lavatories, floor to ceiling windows, and wear their own cloths. The inmates serving sentences there have maximum freedom within the walls of the prison according to the prison’s architect. He further goes on to explain that,” the more normal life you give them here, the less necessary it is to re-socialize them when they leave.”

Legal Personnel
To become a judge in Austria you must first graduate with a Law degree. It takes approximately five years. Then you would have complete practical training. This practical training called “court practice” takes place in courts, lawyer offices, or notary offices. The initial training is the same whether you are becoming a judge or prosecutor. To continue on and become a judge, a candidate must apply for the Judge Preparation Service. Next, the candidate has to be appointed as a Judge Office Candidate. The President of the Court of Appeal makes the proposals to the Federal Ministry of Justice for an appointment. Only a small percentage of candidates are appointed each year. The training for judge office candidates lasts approximately four years. At the end of the training the candidates must take an exam. The exam consists of an oral component and a written component. After the candidate passes the exam he or she can apply for any vacant judge post. Vacant posts are advertised publicly. After the application period closes a judge will be appointed for the position. Public prosecutors must have administered justice for at least one year and are recruited from the body of judges. They are appointed after having been endorsed by the Federal Minister of Justice.

Law Enforcement
Austria’s police structure is centralized and multiple coordinated. Austria has a Directorate General for Public Security. The Directorate is part of Austria’s Federal Ministry of the Interior and is broken down into four sections. The first section is the Federal Police. The Federal Police is the Austrian Federal Security Guard. It was first a civilian security force that replaced the military police force sometime after 1848. This civilian force eventually developed into The Austrian Federal Security Guard that it is today. The second section is the Supreme Command of the Gendarmerie. The Federal Gendarmerie is under the command of the Directorate General for Public Safety. There are eight Gendarmerie commands. That is one for each province except Vienna. This is an armed uniformed force that is organized based on the military. The third section is the Criminal Investigation Department. The Criminal Investigation Department is responsible for investigated crimes, gathering information, conducting surveillance of suspects, and locating wanted persons. The fourth section is State Security. There are some municipalities that have their own police force. These forces handle local security services. They are limited by Austrian constitutional law. The constitution does not allow for any security forces to set up in areas already covered by federal police authority and federal security guard units. In Austria the police have the power to check identities, make arrests, conduct questioning, conduct searches of both people and premises, and confiscate property. Austria also has a newly formed Austrian Criminal Intelligence Service. The ACIS is the headquarters to the national criminal investigation service and the Austrian National Criminal Bureau of Interpol. The ACIS has a director that reports to the Directorate General for Public Security. ACIS has specialized units that investigate general crime, drug crimes, organized crime, and immigration and human trafficking. There are also units that deal with fugitive recovery, surveillance operations, forensics, and international co-operation. In criminal investigation matters, these units have authority that supersedes any authority of subordinate services.

According to the World Police Encyclopedia, Austria has the following requirements to become a police officer or Gendarmerie: “Austrian citizenship; no criminal record; no administrative record (drunken driving, and so on); nine years of education (minimum education that is compulsory for every Austrian); age eighteen to thirty years, men only after military service; minimum height (men 168 centimeters, women 163 centimeters); “normal” weight (body length minus + 15%); good health (by passing a five-hour medical examination); and by passing the entrance examination (written test in spelling and grammar, and intelligence and personality tests lasting four to five hours).” The World Police Encyclopedia further explains that once you pass the entrance exam you go to basic training which is located at one of the education center of the security executive forces. There is a center located in each of the federal provinces. Basic training lasts 21 months and consists of theoretical education and practical training. Law, psychology, criminology, ethics, tactics, first aid, self defense, shooting, electronic data processing, rhetoric, English and sports are all subjects covered during basic training according to the World Police Encyclopedia. After the officer finishes basic training he/she receives the rank of Inspector and is assigned to a police district as a security guardian, or as a gendarme.

Austria has a Federal Bureau of Anti-Corruption. The BAK is part of the Austrian Federal Ministry of the Interior. It is not under the control of the Directorate-General for Public Security. The BAK has national jurisdiction and is tasked with the prevention and investigation of corruption.

Crime Rates and Public Opinion
Austria comes from a civil law tradition. The country has a low crime rate, especially a low violent crime rate, which makes it one of the safest countries in Europe.

The following statistics were recorded by police for the year 2008 and made available on the Eurostat website. Austria’s total number of crimes reported that year were 572,695. Austria only had 46 homicides, which included murder, manslaughter, euthanasia, and infanticide. Attempts were not included and neither were dangerous driving, abortion, or help with suicide. The average homicide rate from 2006 to 2008 was .61 per 100,000 people. The capital of Austria, Vienna, had an average homicide rate of 1.06 per 100,000 people. Austria had 129,613 violent crimes, which included physical assault, robbery, and sexual offenses. Austria recorded 4,786 robberies and 18,648 domestic burglaries. Austria had 9,049 recorded motor vehicle thefts and 1,980 recorded incidents of drug trafficking. There was a prison population of 7,899 in Austria for 2008. From 2006 to 2008 there was an average of 103 people for every 100,000 in prison. The following quote from 1993 was taken from the www.country-data.com website, "Revisions of the criminal code in the mid-1960s, based on ten years of work by a legal commission, give strong emphasis to the principle of government by law and allow unusual latitude in determining appropriate punishment and its implementation. Austria attempts to distinguish among lawbreakers whose crimes are committed on impulse, those who are susceptible to rehabilitation, and those who are addicted to crime and are incorrigible. Further reforms of the criminal code in 1974 emphasized the importance of avoiding jail sentences whenever possible because of the potentially antisocial effects of even a short prison term. Vagrancy, begging, and prostitution are specifically decriminalized. In large communities, prostitution is regulated by health authorities, and prostitutes and brothels are registered. Individual local jurisdictions retain the authority to prohibit prostitution, however. Provisions in the 1974 law modified the punishment for business theft and shoplifting and restricted the definitions of riotous assembly and insurrection."

Family Law
The legal age to get married in Austria is 18. That goes for both males and females. In certain situations the court may authorize the marriage of a 16 year old to an 18 year old. The Registrar’s Office performs civil marriages. Civil marriages are the only legal type of marriage in Austria. Same sex couples in Austria can enter into legal civil unions. These civil unions offer many of the rights that married couples have. Although, it is illegal for these couples to adopt children and be artificially inseminated.

In Austria there are three kinds of divorces that the law recognizes. The first is divorce by mutual consent. The second is divorce on the grounds of a fault. The third is divorce following a separation of three years or more. Either spouse can petition for divorce. Each spouse, after the divorce is granted, gets to keep the surname they had before the marriage. Property is divided in a way both spouses agree on, or equally based on circumstances by the court. Both spouses will have joint custody of their child/children, unless the parents agree on one of them having sole custody. If no decision is made, or if the spouses cannot agree on custody issues, the court will make a decision with the best interest of the child/children in mind. Either spouse may be required to pay maintenance to the other spouse. This will depend on which spouse was predominately responsible for the divorce and what either spouses’ financial situation is.

Adoption of a child is authorized by civil courts. Adoption is considered as long the person adopting is legally competent. If two people want to adopt a child together they must be legally married. Priests, nuns, and monks are restricted from adoption. A person who was appointed guardian of a child’s property can only adopt the child when they have been released from that responsibility. Same sex couples cannot legally adopt a child jointly, but may be allowed to adopt a child individually. Adopting fathers must have completed their 30th year. Adopting mothers must have completed their 28th year. There is not an age requirement if the adopting parents are married. Also there is not an age requirement if a spouse adopts his/her other spouse’s child. In both cases a parent/child relationship has to be established. The adopting spouses must be 18 years older than the child they are adopting. If the child is the biological offspring of the person adopting than a 16 year age difference is allowed. A 16 year age difference is allowed also if the person adopting is related to the child.

Inheritance in Austria is handled by regional civil courts. The court in the district where the decedent had most of his/her property, or his/her last habitual residence has jurisdiction over the property. If the deceased did not have a will than 1/3 of the entire estate will go to the persons spouse and 2/3 will go to the children, or grandchildren. If the deceased did not have children than 2/3 of the estate will go to the spouse and 1/3 to his/her parents, or parent’s children. If there are not any relatives going back to the great grandparents than the estate is transferred to the Republic of Austria. Austrian Civil Code has provisions that protect mandatory heirs regardless of what the will says.

Human Rights and Social Inequality
The Government of Austria, for the most part, respects the human rights of its citizens. Although, there have been some reports of abuse by the police. These reports were generally for verbal abuse, threats, and harassment. There is the occasional report of police beatings. There is discrimination by the Government and society against certain religious groups. In July 2004 the Equal Treatment Bill took effect. This bill implemented the European Union Anti-Discrimination and Anti-Racism guidelines. The Government took steps to fight the trafficking of women for forced prostitution. There have not been any reports of deprivation of life committed by the Government. There have not been any politically motivated disappearances and the constitution prohibits torture. There were 988 complaints against the federal police in 2003. The complaints ranged from slander to kicking and hitting and some of the violence appeared to be racially motivated. The police are criticized for targeting minorities. Over 2000 police and other officials received sensitivity training. Arbitrary arrest and detention is prohibited by the constitution. There were no reports of police corruption. The right to a fair trial is provided by the constitution. Anyone charged with criminal offenses are innocent until proven guilty. The constitution prohibits arbitrary interference with privacy, family, home or correspondence. Freedom of speech and the press is provided by the constitution. There is a strict use of slander laws. There have been criticisms by foreign observers, including the European Court of Human Rights that the strict slander laws used to protect politicians interfere with the freedom of speech and the press. There were not any restrictions of academic freedom by the government. Freedom of peaceful assembly, association, and religion is provided by the constitution. Freedom of movement within the country, foreign travel, emigration and repatriation is all provided by the constitution. Forced exile is prohibited by law and not used in practice. Basic knowledge of the German language must be shown by all immigrants in order for them to receive an immigrant visa. The citizens of Austria have the right, provided by the constitution, to change their government in a peaceful manner. Austrian law protects workers from discrimination and provides welfare benefits. A public debate took place in August 2003 to expand the rights of homosexuals. Violence against women is a problem in Austria. Shelters and help-lines are sponsored by the government. Prostitution is legal. Trafficking for purposes of prostitution is illegal and is a problem in Austria. Sexual harassment is prohibited by law and effectively enforced by the Government. 62.8 percent of women ages 15 to 65 were employed as of 2003. They earn approximately 79 percent of what men earn for the same work. Women remain underrepresented in civil service despite the labor laws that provide for equal treatment. The law requires women to be hired over men with the same qualifications to solve this problem. Children’s rights are also protected under the constitution. All children are required to complete 9 years of education starting at age 6. Women and men receive equal education opportunities. They also receive comprehensive medical care. Child abuse is a problem that is monitored by the government and offenders are prosecuted. Abuse and molestation is required to be reported to the police by doctors. Trafficking of children also remains a problem. Human trafficking is prohibited by law. Trafficking for forced prostitution and domestic service is a problem. People with disabilities are protected by law from discrimination in housing, education, and employment. The federal government requires access to all public buildings for people with physical disabilities. Sterilization is authorized for adults with mental disabilities when a pregnancy would be life threatening. Austrian law recognizes six national minority groups. These are Croats, Czechs, Hungarians, Roma, Slovaks, and Slovenes. If any community is comprised of at least 25 percent of any of these minority groups they are entitled to bilingual town signs, education, media, and access to federal funds earmarked for national minorities. Turks did not receive the same type of assistance because they are not considered indigenous. Africans experienced verbal abuse and public harassment according to NGOs. Workers have the right, provided by the constitution, to join and form unions. The constitution also provides workers with the right to organize and bargain collectively. The minimum working age is 15. Collective bargaining agreements decide what each industry’s minimum wage will be. The unofficial annual minimum wage as of 2003 is between 10000 and 11000 euros. There is not a national minimum wage. Working hours are 8 hours per day and up to 40 hours per week. This is regulated by the Act on Working hours. The workday can be extended to 10 hours, but the work week must not extend past 40 hours. Anything over the 40 hours is overtime. The law allows up to 5 hours a week for overtime and up to 60 hours per year. Overtime pay is 150 percent of the regular hourly wages. The same regulations apply to foreign workers.

title: Comparative law and justice/Austria