Political
Representation of the Youth’s Bill
(Youth Quota)
Pablo Rivero
Student of
Political Science at Universidad Nacional de Entre Ríos.
Summary:
The present
argument is aimed at the acknowledgment of the youth as individuals of full
right. To conceive youth from this perspective means a change of paradigm in
the sense that public policies of youth were being destined to them as mere
receivers thereof, from a view that placed them only as objects and not
subjects. While place them as subjects of full right implies recognize them as
such. This recognition as subjects of full right also implies corresponding
commitments, since the current Bill does not only introduce a Youth Quota for
the political representation of the youth, but also is aimed at the whole
citizenry in order to encourage the intergenerational dialog inside the areas
of discussion constitutionally provided.
The argument
for this bill will consist of three parts respecting the following order:
1.
A- State of the art about the
concept of “Youth”.
B-
Contributions from Queer Theory.
C- The
problem of defining an age range.
2.
Theoretical framework.
3.
A- Constitutional arguments in which
is based the introduction of a Youth Quota in the lists configuration with probabilities
of being elected.
B- Positive
discrimination.
1. A- State of the arte about the concept of “Youth”.
Given the
complexity blended in the concept’s construction that we need to address, we
decided to make a selective research about theoretical precedents, oscillating
on the categories which, as a key of access will allow us to delve into the
state of the art that concern us. With the different meanings of the category
of Youth and the categories of age range, Queer Theory, patriarchy/adultocentrism/youth,
we intend to capture the dynamic that acquires the treatment of these concepts
at the moment of planning a Youth Quota Bill.
The quandary
that shows up belongs to the discussion surrounding the theoretical
perspectives that expose the necessity of revert the traditional conception
upon the public policies towards the young people as mere receivers of them. On
the contrary, the theoretical works found highlight the importance of debate in
the political framework of recognizing young people as subjects of full right.
We will
begin with the contribution by Sergio Balardini to study thoroughly that the
comprehension of young has always been there, while not the one about “the”
youth. The author suggests that “Youth as
such (not the young people) is –are– a historical product resulted from social
relations, power relations, production relations which generate this new social
actor (…) on the other hand, when we address the issue of youth, we have to
examine its design always having in mind that the implementation of policies is
firmly linked with the concept of youth which operates as basis” [1]. This
proposal reveals that young has not always been understood has a social actor
with specific demands and with their own identity. That is why it is proposed
the acceptance of a concept of Youth implies that “the idea of youth is closely
related to the historical roles of different social and age groups” [2].
Also, María
Eugenia Villa Sepúlveda takes the same line of work than the previous author
while giving us a review on the theoretical production about the concept of
Youth which deals exclusively with the “socio-historical
discourse which defines youth in a contextualized way, adjusting to specific
societies and historical temporalities in which such societies occur”[3]. This author
proposes three other key authors to understand and broaden the concept. The
first author proposed is Roberto Brito Lemus who quoted by Sepúlveda says that
“the social category of YOUTH as a
sociological phenomenon that, consequently, we have to understand from the
orbit of reflection about the social, the human and the historical evolution
(…) youth refers to a social condition with specific qualities which reveal
themselves in different ways, according to the historical period of time y
specific society under analysis” [4].
In second
place, the author places Mario Margulis, who highlights the Youth’s social nature
and refers to it as a social condition which is built in institutional
frameworks that defines the identities; and, speaking of identities, proposes
to talk about “Youths” (as a plural) instead of “youth”. Quoted by Sepúlveda,
says “the meaning system with which
identities are defined in each institutional framework (…) in the institutional
frameworks which societies build (…) youths are defined in historically
constructed conditions determined by different variables that go through them” [5].
Finally, the
contributions by Alba Víctor: “It can be
stated that one is young in a particular context, or what is the same: the
different ways of being or never being young, emerge from precise historical
contexts (…) by studying youths, from the knowledge which delineates human
societies’ history, referring to them is to focus on what the relations of
social power have shaped, in each historical society (…) to have in mind (…)
what each society identifies as youth; what young females and males think and
feel about themselves, and what the world of the female and male adults think
and feel about the young females and males of their time”[6].
Dina
Krauskopf makes a valuable contribution on the matter that will helps us to
recognize the problem about youth and search for a possible way of solving it.
The author exposes the existence of the “preparatory stage paradigm” (or social
moratorium) in which young people are not seen as full social subjects, but
ones with needs and deficiencies which prevent them or restrict them from the
full exercise of the rights of civic participation and representation. In some
cases, this view from the adults to the young people takes us to up an emphasis
on the problems that the second ones have to face, creating a stigmatization of
young people as inexperienced, immature, prone to participate in harmful
activities, etc. Discrimination on the grounds of age, according to Krauskopf,
“is the product of the difficulty that both generational groups have to
mutually listen to themselves and pay empathic attention” [7]. Because of
these, she concludes, as a solution, that an effective inclusion of young
people in the political system is not only a progress on democracy, but also a
necessity facing the foundation of a true human and social development.
Referring to
youth, Abaunza exposes research by CEPAL from 2004 which demonstrates their
paradoxes. To summarize, we quote the ones relevant to the interest of these
project: “Youth has more access to information y less access to power. They are
more suited for productive change, but mostly excluded from it. They are
considered by some as receiver of policies and by others as protagonists of
change”[8].
1. B- Contributions from Queer Theory
Queer Theory
has as its reference to J. Butler, who has worked with great emphasis in the
distinction of gender, meaning, the male-female differentiation. Gender is
defined by this author as “an identity
weakly constructed in time, established in an exterior space through a stylized
repetition of acts”[9]. Upon this
conception of gender as temporal and socially constructed she also adds: “the mundane social public, including the
actors themselves, come to believe and act in the modality of the belief”[10]. With this,
we want to make clear and to highlight the obligatory nature of gender norms in
social life and the difficulty we face at the time of trying to produce changes
on it; changing these norms becomes certainly impossible because of the
existence of the patriarchy
(that is: “the appearance and
institutionalization of male power upon the women and children in the family
and the extension of that power upon women in society in general”[11]), which
assigns women a subordinate place in the social world, pushing them into a
space of submission. This reality about gender being denounced by Butler, later
translates itself into the political structures, reproducing and naturalizing
gender norms and also the forms of domination and subjection.
But, as we
said at the beginning, it is not just one social group being hold back. There
exist other dominated groups as, for example, homosexual men and women o
transgender people. It is in our interest to address the distinction between
adults and young people. The patriarchy oppresses not only based on gender but
also based on age and, combining both, we find a little advantageous place for
people who belong to both groups. Inside the same family organization which
establishes patriarchy, social relations are being formed producing and
reproducing women and children submission facing a stereotype of empowered men.
Specifically, adultocentrismo makes reference to the “relation of power between different age groups which are asymmetrical
in favor of the adults”[12]. And, just as
happens with gender, these power relations are based on social norms and
political structures that lead us to believe and act in consequence,
reproducing an adult-centered
society, the one that stablishes gender norms through patriarchy and fixing the
norms of domination/subjection, oppressing not only based on gender but also
age.
1. C- The problem of
defining and age range
The last census made by INDEC (2010) takes as a “youth
range” the ages between sixteen (16) and thirty (30) years old. This brought
for the province of Entre Ríos a total amount by percentage of 26,1 of the
whole population between that age range. With an estimated scrolling of five
years, this percentage approximates now to a 28% of the whole population.
However, the Youth Bill for the city of Buenos Aires
says that the “definition of a youth
range without the distinction of gender, nationals and foreigners, residents of
the city, comprehended between the ages of fifteen (15) and twenty-nine (29)
years old”[13].
While for UNESCO: “young
people are, according to the United Nations, individuals between the ages of
fifteen (15) and twenty-four (24) years old. UNESCO understands that young
people constitutes a heterogeneous group in constant evolution and that the
experience of “being young” varies a lot depending on the regions of the planet
and even inside the same country”[14].
2- Theoretical framework.
The selection of information we propose for the
argumentation of this Bill contains a highly subjective character which can be
accepted, rejected or improved. Also, there is necessary to underline that the
definite definition which we want to arrive about youth/youths, female and male
young people, is of a purely ideological character, because, on the contrary,
it would not have sense, accepting as “ideology” the combination of beliefs and
values of political, economic, social and cultural order which characterize a
determined way of thinking by a social group in a specific period of time.
Our hypothesis is aimed to the true recognition of the
condition of youth. Youth as understood in the historical context in which it
is circumscribed, as a product of power relations, economic and social, which
define this new social actor. In the State of art, we gather the principal
contributions inspiring our view. We considered together with Sergio Balardini
that “Youth as
such (not the young people) is –are– a historical product resulted from social
relations, power relations, production relations which generate this new social
actor (…)”[15]. In this way,
the concept of youth/youths will be influenced by those relations (from power,
production, social) which will define the same in each specific historical
context and place.
On the other hand, we can observe the tight relation
that can be established between Queer Theory and the struggles of youth in an
adult-centered culture rooted in the patriarchy. We understand that the
patriarchy does not only oppresses based on gender, but also based on age. Such
logics of domination/subjection starts to develop in the family environments,
where this patriarchal regime oppresses not only women but children and young
adults, because of their age, producing and reproducing this patterns in the
political and social structures. To quote an example justifying our view, we
contribute with a perspective from the Youth Bill by Fundación Friedrich Ebert regarding women’s conquests in the fight
against patriarchy: “An important record
is the women’s movement, which has worked and works so much for the equality,
and which serves as an example for the proposal which develops the norm (it
refers to the Youth Bill) (…) In our
country, with the approval of the National Law N° 24.012 of “Female Quota”,
gradually began to be produced, and with the crucial intervention from the Judiciary
Power, an increasing inclusion of women”[16]. Continuing with this contribution: “To understand female and male youth as such,
implies also to acknowledge that the adult world starts to lose its centrality
and reference role; it is to start a review process regarding the stages of
life with the objective of “put in a crisis” the spread adult-centered view”[17].
Of the three concepts, all different, about the age
range taken as youth we will focus on delimiting it with an emphasis on a
premise by UNESCO, declaring: “young
people constitutes a heterogeneous group in constant evolution and that the
experience of “being young” varies a lot depending on the regions of the planet
and even inside the same country”[18]. This means to accept that “being young” or youth or
youths are diverse groups, that to address its conception we have to understand
they are inserted in a historical and social construction in a specific time
and place. In our case, it is in our interest to take the age range considered
as Youth from the last census by INDEC in 2010, which assigns youth to the
range between sixteen (16) and thirty (30), producing a percentage of 26,1 of
the whole population for the Entre Ríos’ Province.
3. A- Constitutional arguments in which is
based the introduction of a Youth Quota in the lists configuration with
probabilities of being elected.
For the formulation of this project, we had considered
the following Laws, Treaties, Conventions and Constitutional Pacts to provide
the legitimacy of the proposal being shown.
Article n°34, paragraph 2, from the National
Constitution of Argentina, declaring: “The true equal opportunities between
male and females in the access to elective and partisan office will be
warranted by positive actions in the regulation of the political parties and
the electoral system”.
The Universal Declaration of Human Rights, Article n°
21: “Everyone has the right to participate in his country’s government, in
equal conditions, to public service of his country”.
In the same way, the Human Rights Convention, in its
article n° 23 specifies that: “All citizens shall enjoy from the following
rights and opportunities: a) To participate in the conduct of public affairs,
directly or through their representatives freely elected; b) To have access, in
general equal conditions, to the public service of their country”.
Also, the International Covenant on Civic and
Political Rights, in its article n° 25, disposes that: “All citizen shall enjoy
the right to participate in the conduct of public affairs” as of “to have
access, in general equal conditions, to the public service”.
3. B- Positive
Discrimination
It also is in our interest to introduce the category
of “Positive Discrimination” in the implementation of the Youth Quota. Asked
about this issue, Professor Gastón Mutti answered to the question “When is
positive discrimination produced?”: “It
is produced when there is a social group which cannot impose its problems
agenda in the public debate”. In this case, we suggest the rise of a social
actor named “youth”, on what he said: “Actually,
what one is noting is that when an social actor emerges this much and cannot
achieve to impose its conditions in the public agenda, the logic would be for
this groups to have representatives”[19]. The “affirmative actions” or “positive
discrimination” is considered in our National Constitution, in the article n°
75, subsection 23: “The Congress (…) To legislate y promote measures of
affirmative action which shall grant the real equality of opportunities and
treatment, and full enjoyment and exercise of the rights acknowledged by this
Constitution and by the International Treaties in force”.
We include in the Bill an article removed from the
Youth Bill by Fundación Friedrich Ebert,
which expresses in a clear manner the intention of not discrimination (in the
negative sense) based on age:
“Article 11:
Measures of positive action: Are not considered discriminatory, based on the
youth of the addresses, the measures of positive action which establishes quotas,
distinctions, restrictions or preferences with the objective of promote or
guarantee the real equality of rights, opportunities and treatment for the male
and female young people.
It is considered
discriminatory, the existence of laws, legal or administrative acts, the
absence of legal or regulatory deficiency and factual situations, in the public
and private spheres, which imply distinction, exclusion or restriction and had
the purpose or result to lessen or nullify the acknowledgment, enjoyment and
exercise of the rights and guarantees of the people based on their youth”.
THE LEGISLATURA OF THE
PROVINCE OF ENTRE RÍOS
SANCTIONS WITH FORCE OF
Law:
Political Representation
of Youth
(Youth Quota)
Author: Pablo Rivero
Article 1: Establish for the Province of Entre Ríos a QUOTA to be hold
by YOUNG PEOPLE in the configuration of candidacies with the probability of
being elected to hold representative positions in the deliberative bodies
established under the Constitution.
Article 2: For the purposes of this Act, it shall be young natural
persons of full age, who have not attained the age of thirty-one (31).
Article 3: Any list of candidates for a party or electoral alliance,
formed to compete electorally for representative positions in deliberative
bodies established under the Constitution, must contain, to become official, at
least a 20% of young candidates, male or female, respecting with it the
principle of gender equality under Law No. 10.012.
Article 4: The Electoral Tribunal supervising elective processes must
dismiss the formalization of any list of candidates which separates from general
principle established in the previous articles. Should there be breach, the
electoral justice must arrange –ex officio– the definite realignment of the
list, to adequate it to the present Law.
Article 5: Replace the text of article 75° of the law 2.988, by the
following.
Article 75°: The list of candidates for the election of representatives
must include thirty-four (34) holders and equal amount of alternates, assigning
the percentages established under the present Law, guaranteeing the Youth Quota
of candidates between twenty-five (25) and thirty (30) years old, which must be
placed interspersing at least one (1) every stretch of four (4) candidacies. La
amount of young candidates, must respect the law 10.012 of Principle of gender
equity in the political representation in force in the Province of Entre Ríos.
Article 6: Replace the text of the article 93° of the lay 2.988, by the
following.
Article 93°: The list of candidates for delegates to the Constitutional
Assembly of the Province of Entre Ríos must be composed of a number of members
equal to the provincial Senators and Representatives and equal number of
alternates; who must be elected in single district, respecting the designation
of the Youth Quota in the present law, which must be placed interspersing at
least one (1) every stretch of four (4) candidacies, respecting the law 10.012
of Principle of equity of gender in the political representation in force in
the Province of Entre Ríos.
Article 7: The provincial political parties and transitory
confederations and alliances which possess provincial status must adequate
their respective internal norms and charters to enable the full validity of the
regime established by this law.
Article 8: Abrogate any norm opposing the present law.
Article 9: Dispose the peremptory and non-extendable of six (6) months
for the Executive Power to effect the regulation of the present law, then to be
performed its designation by the Electoral Tribunal for the same term.
Article 10: Measures of positive action: Are not considered
discriminatory, based on the youth of the addresses, the measures of positive
action which establishes quotas, distinctions, restrictions or preferences with
the objective of promote or guarantee the real equality of rights,
opportunities and treatment for the male and female young people.
It is considered discriminatory, the existence of laws, legal or
administrative acts, the absence of legal or regulatory deficiency and factual
situations, in the public and private spheres, which imply distinction,
exclusion or restriction and had the purpose or result to lessen or nullify the
acknowledgment, enjoyment and exercise of the rights and guarantees of the
people based on their youth.
Article 11: Contact, etc…
[1] Sergio Balardini "De los jóvenes, la juventud, y las políticas de
juventud." Available
in http://www.scielo.cl/pdf/udecada/v8n13/art02.pdf.
[2] Sergio Balardini "De los jóvenes, la juventud, y las políticas de
juventud" Available in http://www.scielo.cl/pdf/udecada/v8n13/art02.pdf.
[3] María Eugenia Villa Sepúlveda "Del concepto de Juventud al de juventudes
y al de lo juvenil", page 147.
[4] María Eugenia Villa Sepúlveda "Del concepto de Juventud al de
juventudes y al de lo juvenil".
[5] María Eugenia Villa Sepúlveda " Del concepto de juventud, al de
juventudes y al de lo juvenil" page 149.
[6] María Eugenia Villa Sepúlveda " Del concepto de Juventud, al de
Juventudes y al de lo juvenil" page 150.
[7] Dina, Krauskopf (1998), Dimensiones críticas en la participación
social de las juventudes, en "Participación y Desarrollo Social en
la Adolescencia", Fondo de Población de Naciones Unidas, San José,
Costa Rica.
[8] "Paradojas de la juventud" CEPAL (2004). Citado por
Humberto Abaunza "De juventud y jóvenes", june 2009.
[9] Judith, Butler (2001), El género en disputa, Paidós, Distrito
Federal, México. Page. 172
[10] Judith, Butler(2001). El género en disputa, Paidós, Distrito
Federal, México. Page 172
[11] Gerda Lerner (1986)
en ¿Qué es el patriarcado? De
Marta Fontenla, "Diccionario de estudios de Género y Feminismos". Editorial Biblos 2008
[12] UNICEF (2013), Superando el adultocentrismo, Santiago de Chile,
Chile.
[13] Fundación Friedrich Ebert & Fundación Línea joven "Proyecto
de Ley de la Juventud", CABA, Casa de Estudio Gráfico. (December, 2006).
[15] Sergio Balardini " De los jóvenes, la juventud, y las
políticas de juventud."
[16] Fundamentos del "Proyecto de Ley de la Juventud"
Fundación Friedrich Ebert, (Buenos Aires, 18 septiembre de 2006)
[17] "Proyecto de Ley de la Juventud de la ciudad de Buenos
Aires" por Diego Beretta e Ivana Verdi. Fundación Friedrich Ebert.
(Buenos Aires, 18 septiembre de 2006)
[18] UNESCO en http://www.unesco.org/new/es/popular-topics/youth/
[19]Profesor Gastón Mutti’s Interview (Lecture “Problemática Política” at
FTS-UNER) Mayo 30th, 2016.
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