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Part Ⅰ The Philosophical Context of the Minimum Voting Age Question3

1 Alternative Philosophical Perspectives on the Origin and Nature of Human Rights3

1.1 The Embattled Notion of Universal Human Rights: Introduction3

1.2 The Embattled Notion of Universal Human Rights4

1.3 On Whether the Notion of Human Rights is Intrinsically Inter-Subjective5

1.4 On Whether Appreciating One’s ‘Right to Have Rights’ Requires a Certain Level of Cognitive Competence7

1.5 On Discovering One’s Human Rights8

1.6 Evaluating Various Perspectives on the Origin of the Notion of Human Rights10

1.6.1 The Discourse Notion of the Origin of Human Rights10

1.6.2 The Protest Notion of the Origin of Human Rights11

1.6.3 Human Rights Concepts as the Products of Inter-Subjective Agreements11

1.7 A Critique of the Post-Modern View of Human Rights as Context-Specific and of the Pre-Disposition to a Non-Interventionist Stance12

1.8 Analysis of the Alan Dershowitz Model of the Origin of Human Rights Notions13

1.9 Challenging the Political Conception of Human Rights14

Part Ⅱ Socio-Cultural Factors and the Minimum Voting Age21

2 Examples of Contextual Factors in the Youth Struggle for the Vote21

2.1 Historical Examples of Voting Rights for Persons Below the Usual Age of Majority for Political Citizenship in their Particular Societies21

2.2 Youth in the ‘Developing World’: Adult Responsibilities but Still No Right to Vote22

Part Ⅲ Voting Age Eligibility: Human Rights Issue or Social Policy Matter?29

3 The Human Rights Imperative and Minimum Voting Age29

3.1 The Gatekeeper Model of Recognition of a Human Rights Claim as Legitimate and it’s Application to the Youth Voting Rights Struggle: Introduction29

3.1.1 The Clifford Bob Model on the Process for International Legitimization of ‘New’ Human Rights Claims32

3.2 The Devolution of the Youth Voting Age Struggle from ‘Human Rights Struggle’ to ‘Social Policy Issue’: The Canadian Example33

3.3 The Supreme Court of Canada’s Downgrading of the Youth Human Rights Struggle for the Vote to a Social Policy Issue38

3.3.1 Acknowledgement by the Supreme Court of Canada in Sauve of the Fundamental Nature of the Right in Question （Voting Rights）39

3.3.2 The SCC Denial—When the Rights Holders Are Young People Under 18 Years—that Age Restrictions on the Vote Need to be Justified by the Government as Compatible with the Values of a Free and Democratic State39

3.3.3 The Supreme Court of Canada’s Holding that the Government’s General Social and Political Philosophy is an Unconstitutional Basis for Denial of the Vote to Canadian Citizens with the Exception of Canadians Under Age 18 Years42

3.3.4 The s.3 Canadian Charter Guarantee of Universal Suffrage as Shielded from Suspension under the Notwithstanding Clause （s.33 of the Charter）45

3.4 Disenfranchisement of Citizens under Age 18 Years—the ‘Taking Away’ of a Pre-existing Inherent Fundamental Human Right and an Ongoing Human Rights Violation47

3.5 The Right to Vote as an Indicia of Moral Worth: The Example of Suffrage Movements for Women and Felons and Lessons Regarding the Youth Voting Rights Struggle50

3.5.1 The Exclusionary Aspects of Various Voting Rights Movements and the Implications for the Perceived Moral Worth of the Citizen50

3.5.2 Opponents to the Vote at 16 and Their Refusal to Acknowledge the Impact of an Age-Based Exclusion in the Vote on the Perceived Moral Worth of 16- and 17-Year-Olds as Citizens52

3.6 Voting Rights and the Issue of Personal Autonomy54

3.7 A More Proportional Response to the Question of Age Considerations and the Vote: A Model Which Does Not Incorporate an Absolute Bar on Voting for Under 18s58

3.7.1 Introduction58

3.7.2 Voting Rights for Youth Aged 14 Years and Older but Under 18 Years59

3.7.3 Voting Rights for Persons under Age 14 Years61

3.7.4 The Proxy Voting Notion65

3.7.5 Philosophical Problems with the Notion of a Proxy Vote on Behalf of Minors66

Part Ⅳ A Victory for the Vote at 16 in Austria Goes Largely Ignored in Other States73

4 Austria and the Vote at 1673

4.1 ‘Are We There Yet?’: The 2007 Lowering of the Minimum Voting Age to 16 in Austria Cast as a Political Policy Choice and Not an Affirmation of an Inherent Fundamental Human Right73

Part Ⅴ Rationalizing of the Violation of U.K.Youth’s Inherent Right to Suffrage81

5 The U.K.Example of Resistance to the Vote at 16: The U.K.Electoral Commission and Select U.K.Social Scientists81

5.1 The U.K.Electoral Commission’s Under-Cutting of the Youth Voting Rights Issue as a Fundamental Human Rights Matter81

5.2 Opposition from U.K.Social Scientists to Lowering the Voting Age to 16 in the United Kingdom88

Part Ⅵ The 26th Amendment to the U.S.Constitution and Eligible Voting Age99

6 The 26th Amendment to the U.S.Constitution: Does it Really Make Age Discrimination in the Vote Against Under 18s Constitutional? The Broader Lessons99

6.1 The Pre-1971 Movement to Lower the U.S. Minimum Voting Age From 21 Years to 18 Years: Lessons for the Contemporary Struggle for a Minimum Voting Age of 16 Years99

6.1.1 Recognizing the Potential Power of the Youth Vote99

6.2 Lessons to be Learned from The U.S. Congressional Debates on Lowering the U.S. Voting Age from 21 to 18 Years102

6.2.1 On Immutable Characteristics and Whether the Denial of the Vote to Under 18s Constitutes Age Discrimination102

6.2.2 On Why the Absolute Bar Against Under 18s Voting is Unconstitutionally Discriminatory106

6.2.3 The Constitutional Right to Vote Versus Age Discrimination in Access to the Vote110

6.2.4 On Whether the Canadian Charter of Rights and Freedoms and the U.S. Constitution Provide Protection Against Age-Based Discrimination in Voting Only for Those Aged 18 Years and Older113

6.2.5 Unconstitutional Barriers to the Vote Incorporated in Electoral Law as Purported ‘Standard Qualifications’ for the Franchise120

6.2.6 More Commentary on the 26th Amendment to the U.S.Constitution Regarding Voting Rights121

6.2.7 Ethnic, Color and Gender Discrimination in the Vote: Are They Analogous to Age-Based Restrictions on the Franchise?122

6.2.8 Misinterpretation of the Wording of the 26th Amendment to the U.S. Constitution on the Issue of Age Discrimination in the Vote125

6.3 A Few Additional Comments Regarding the Alberta Teen Voting Rights Case126

Part Ⅶ Barriers Coming From Unlikely Sources to Youth’s Struggle to Access the Basic Human Right to Suffrage133

7 The Youth Vote as a Human Right and Resistance from High Profile International and National Human Rights Gatekeepers133

7.1 Children as a Minority Group: Reframing the Youth Voting Issue as a Human Rights Struggle133

7.1.1 HIV/AIDS Affected Children and Youth and the Implications for Understanding the Youth Vote as a Basic Human Right133

7.2 The Role of International Organizations and Institutions in Stalemating the Youth Voting Rights Movement: An Example136

7.3 Opposition from Huuman Rights Organizations Including the United Nations, High Profile NGOs and Individual States to the Youth Voting Rights Struggle141

7.4 More on Barriers to the Youth Vote152

7.5 The Youth Vote at 16 as a Basic Human Right Versus a‘Special Right’154

7.6 Examples of High Prortle National Organizations and Their Contribution to De-legitimizing the Contemporary Youth Voting Rights Struggle156

7.6.1 The U.S.National Education Association and the Youth Voting Rights Struggle157

7.6.2 Kids Voting USA: A Civics Education Initiative160

7.6.3 The American Civil Liberties Union and the U.S.Youth Voting Rights Struggle163

Part Ⅷ Re-Examining Alleged Rationales for the Bar Against the Vote for Under 18s167

8 Unconstitutional Age-Based Discrimination in the Vote Applied on Account of Young Age167

8.1 Human Rights and Electoral Law167

8.1.1 Electoral Law as an Institutionalized Cultural Norm That De-legitimizes Youth’s Human Rights Claim for Suffrage167

8.2 Lessons from the Dissenting Justices in Oregon v Mitchell on the Constitutional Basis for Youth Voting Rights170

8.3 The Impact of Electoral Law on the Interests and Rights of Young People175

8.4 Human Rights and Discrimination on Account of Young Age: Lessons from an Ontario Human Rights Tribunal Case178

8.5 The Absence of a Compelling State Interest in Excluding 16- and 17-Year Olds from the Vote180

8.6 Age-Based Restrictions on the Vote as an Invidious Form of Direct Discrimination183

8.7 If You’re a Minor； We’ll Take Your Federal Political Campaign Contribution but Not Your Vote: Selective Constitutional Rights to Freedom of Expression and Association188

8.8 Lessons on Unconstitutional Age-Based Restrictions on Freedom of Expression （i.e.Political Expression or ‘Political Speech’） from McConnell （United States Senator） v Federal Election Commission et al.and Their Applicability to the Vote at 16 Question194

8.9 Inter-generational Injustice and the Exclusion of 16- and 17-year-olds from the Vote199

8.10 Universal Suffrage, Free Expression and Freedom of Association versus Age-Based Voter Qualifications201

8.11 Disenfranchisement of Minors Fallaciously Used as a Rationale for the Denial to Older Adolescents of Other Constitutionally-Protected Participation Rights207

Part Ⅸ Voting Age Eligibility and the Societal Marginalization of Under 18s217

9 Minors’ Perspectives on Their Citizenship Status217

9.1 Minors’ Perceptions of Being Second-Class Citizens Due to Their Exclusion from the Vote217

Part Ⅹ Unequal Treatment in Accessing the Inherent Right to Suffrage227

10 Two Different Standards for Enfranchisement: A‘Rights Standard’ for Adults and a Supposed ‘Competency Qualication Standard’ for Minors227

10.1 ‘Rights—Contingent’ versus ‘Qualifications—Contingent’ （i.e.Competency-Contingent） Suffrage227

Part XI Recognizing the Vote at 16 Movement as a Fundamental Human Rights Struggle237

11 Concluding Comments237

References251