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EOS EOS

Election Obligations & Standards Database

Issue

The Legal Framework and Dispute Resolution


Election Parts

  • Electoral Dispute Resolution

Criteria

  • Electoral dispute resolution took place in accordance with the principles of the rule of law
  • Laws and procedures were not arbitrarily applied
  • The law was clear regarding legal standing for electoral disputes
  • The state implemented sanctions against those who violated the electoral law
Summaries
  • All are equal before the law, and laws should be equally enforced.
  • Laws must be consistent with international human rights.
  • States have a duty to protect the fundamental human rights of all within their jurisdiction.
  • States should take measures to promote the principles of the rule of law.
  • Laws and procedures must not be arbitrarily applied.
  • Suspension or exclusion of participatory rights is prohibited except on grounds established by law and which are objective and reasonable.
  • Effective implementation of electoral law requires sanctions against the infringement of electoral law.
  • Where a violation is found to have occurred states have a duty to punish those guilty of the violation.
  • The state has a duty to punish cases of electoral fraud.
  • States must ensure that, in regard to human rights violations, individuals, groups of individuals, and non-governmental organizations have standing before judicial bodies.
  • The law should clearly state who has standing to file an election dispute.
EOS EOS

Election Obligations & Standards Database

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