Issue
Freedom From Discrimination in the Legal Framework
Election Parts
Criteria
- Special measures were taken to ensure de facto equality for people with disabilities
- Minorities were able to use their own language(s)
- The legal framework for elections did not include provisions that discriminate on the basis of prohibited grounds
- The legal framework for elections included guarantees of equality before the law
- The legal framework provided equal access to any place or service intended for use by the public
- Any restrictions on rights were justified by law and subject to review
Summaries
- Discrimination must not be practiced based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, sexual orientation, disability, gender identity and expression, migrant, refugee, repatriate, stateless or internally displaced status, genetic trait, mental or physical health condition, including infectious contagious condition and debilitating psychological condition, or other status at any time.
- The state must perform both its "negative duty" to refrain from discrimination and its "positive duty" to prevent discrimination.
- All are equal before the law, and laws should be equally enforced.
- Everyone has the right of equal access to any place or service intended for public use.
- Women should enjoy equality with men before the law.
- Where linguistic minorities exist, those that belong to such minorities should not be denied the right to use their own language.
- The right to vote should not be restricted based on any perceived or actual disability and mental health status, including pursuant to an individualized assessment.
- Discrimination includes any distinction, exclusion, restriction, or preference on the basis of sex.
- Laws and regulations that withdraw suffrage rights based on disability should be amended or repealed.
- Measures to support participation should take into account the different needs of persons with various forms of disability.
- Guarantees of rights of persons with disabilities should be mainstreamed into all legislation and policies.
- Electoral system design should take into account the needs and facilitate participation and representation of vulnerable groups, including of women, minorities, and persons with disabilities.