Dec 14, 2018 17:43
5 yrs ago
16 viewers *
Spanish term

Garantismo

Spanish to English Other Law (general) Criminal Law - Argentina
I am translating a list of conferences/seminars/workshops:

"Asistente en la conferencia sobre "La teoría del Garantismo Penal: Crisis de la legalidad penal y jurisdicción. Una propuesta: la reserva del Código."

Thank you very much for your help.

Discussion

Thomas Walker Dec 17, 2018:
Garantismo Garantismo is a European concept, which probably partly explains why it's hard to find a good English equivalent. In Spain, for example, after the death of Franco in 1975, a transition began to a more democratic, less repressive State. Over this period, basic rights were guaranteed; these went beyond what we in the U.S. consider to be basic rights, & included such things as the right to find work to support one's family, to have a safe place to live, to have medical care, to participate in democratic life, etc. - garantismo. Grossly oversimplifying, this new order predominated in Spanish life for decades. But with the increase in terrorism in the early 2000s, & the more recent immigration problems, there has been a desire on the part of police & state security organizations for more power to deal with these problems. These new powers often clash with the rights that have come to be accepted in post-Franco Spain. In particular, there is a fear that too many of the new policing rules are vague & ambiguously defined, leaving in the view of many way too much latitude to the police, & leading to possible erosion of for example the right to due process for the accused.
678 (asker) Dec 17, 2018:
Thank you for the additional information provided!
Manuel Cedeño Berrueta Dec 15, 2018:
El garantismo incluye el derecho al debido proceso, pero es mucho más que eso, es un sistema basado en la defensa y goce de los derechos fundamentales de la persona, incluidos derechos económicos y sociales. Al menos, eso es el deber ser.
Hay traducciones del español y el portugués donde lo traducen como “guaranteeism”:
3. Human Rights, Model of Guaranteeism, and Vital Minimum
According to Karl Loewenstein [9], human rights must be based on “fundamental socioeconomic rights”13, a notion which broadens their implementation range when playing an unavoidable role in people’s dignity. From Charles Taylor’s reflection, [10] “essentially considers rights as mechanisms to protect the individual’s autonomy over the State and society”14.
(https://www.scirp.org/journal/PaperInformation.aspx?PaperID=...

(https://www.google.com/search?newwindow=1&ei=zsQUXOjuO8qc5wL...
Charles Davis Dec 14, 2018:
It seems to me that this is quite close to the idea of due process, though I wouldn't suggest translating it like that.
678 (asker) Dec 14, 2018:
Thank you very much for this link!
philgoddard Dec 14, 2018:
There's a definition on page 5 here, though I can't make head or tail of it.
http://ficp.es/wp-content/uploads/2018/01/María-Ángeles-Vílc...

Proposed translations

+3
3 hrs
Selected

Guaranteeism [garantismo]

As explained in the reference below, themterm has no “smooth” translation into English. “It is synonymous with the defence and fundamental rights”.
As the reference explains, the term refers to several avenues of rights, so it’s tricky to encapsulate in one simple term. I would tentatively use “guaranteeism” and leave the original in brackets, too.

Peer comment(s):

agree Robert Carter : I'd go with this, too. It's an ideology foremost, i.e., being in favour curbing the way public or private powers can affect individual freedoms.
3 hrs
Thanks, Robert!
agree Manuel Cedeño Berrueta
11 hrs
Thanks!
agree Thomas Walker
20 hrs
Thanks!
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4 KudoZ points awarded for this answer. Comment: "Thank you very much for your answer."
14 mins

Guarantee of Right to Trial

Whenever a prosecutor charges a person with a crime that could result in jail, the Constitution provides that person with numerous constitutional rights. One of those sacred, longstanding rights is the right to a trial.
Example sentence:

The Constitution's Guarantee of Right to Trial by Jury

Peer comment(s):

neutral philgoddard : I don't see how you arrive at this, and your reference simply proves that the term exists in English, which we already know.
1 hr
neutral Richard Vranch : It refers to more than that singular right. Rather, the right to life and individual freedom, the right to civil and political liberties, and the right to the social means of existence.
3 hrs
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Reference comments

23 hrs
Reference:

“2015 Spanish Public Security Act: The Expansion of Security Society to Governing Public Order”

Part 1 of this paper, from the University of Zaragoza, briefly discusses the "crisis of guaranteeism" in Europe, in relation to developments in law & policing in Spain.
Note from asker:
Thank you very much Tom for this additional information!
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