The Right to an Effective Remedy, Including Challenging Election Results
- The legal framework for elections included the right to challenge the election results as necessary
- The legal framework provided citizens with an effective (timely and enforceable) remedy throughout the electoral process
- The ability to challenge the results of the election was provided by law and was available to complainants as appropriate
- A remedy was available for violations of the right to a fair and public hearing
- Forum shopping was discouraged
- An effective and timely remedy was available for all citizens for violations of their rights throughout the electoral process
- The state acted to investigate and address violations of rights. It provided appropriate judicial and administrative means for addressing claims of rights violations, including allegations of electoral fraud
- The state took the steps necessary to give effect to rights during the electoral process, including through the dispute resolution process
- States must enforce a remedy when granted.
- Necessary steps to give effect to human rights include education of the population and state officials in human rights.
- Remedy should be available for complaints arising throughout the electoral process.
- A violation of the right to a fair and public hearing requires an effective remedy.
- States Parties are obliged to prevent a recurrence of the violation to the covenant.
- States have a duty to investigate alleged rights violations.
- The right to remedy is required in the context of elections, and the announcement of results.
- States have a duty to provide appropriate judicial and administrative means for addressing claims of rights violations.
- The requirement to take steps to give effect to human rights is unqualified and of immediate effect.
- The legal framework for elections should provide effective redress for violations of electoral rights.
- Appeal channels, when available, should be narrowly constructed to avoid "forum shopping."
- Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms.
- Laws must be consistent with international human rights.
- Effective implementation of electoral law requires sanctions against the infringement of electoral law.
- Effective redress requires disputes to be dealt with in a timely manner.
- An effective remedy requires reparation for harm done.
- The right to challenge election results should be provided for by law.
- All branches of the government and other public or governmental authorities are responsible for meeting the obligation to give effect to human rights.
- States must take the steps necessary to give effect to human rights.
- Individuals must have the right to a remedy for violation of their participatory rights relating to the election process.
- At times, an effective remedy may require States Parties to take interim measures.
- The duty to investigate includes the investigation of acts by private persons and entities.
- Electors and candidates may both be given standing in appeals of election results.
- States are required to give effect to internationally recognized human rights in domestic law.
- Necessary steps to give effect to human rights include a requirement to prevent, punish, investigate, or redress violations of human rights by non-state actors.
- Cessation of a violation is an essential element of an effective remedy.