The Legal Framework and Dispute Resolution
- 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.