Issue
International Human Rights Obligations and the Legal Framework
Election Parts
Criteria
- Any restrictions placed on fundamental rights were reasonable and objective
- Key aspects of the election process were enshrined in law at the highest level (e.g., the electoral system was enshrined in the constitution)
- Participatory rights were protected at the highest level of the law (the constitution)
- The legal framework for elections included the protection of fundamental rights and made international obligations domestically binding
Summaries
- States must take the steps necessary to give effect to human rights.
- The requirement to take steps to give effect to human rights is unqualified and of immediate effect.
- Necessary steps to give effect to human rights include education of the population and state officials in human rights.
- Necessary steps to give effect to human rights include an obligation to regulate violations of human rights by non-state actors.
- All branches of the government and other public or governmental authorities are responsible for meeting the obligation to give effect to human rights.
- States are required to give effect to internationally recognized human rights in domestic law.
- Laws must be consistent with international human rights.
- The fundamental aspects of the electoral law should be enshrined in the constitution or at another level higher than ordinary law.
- Treaty obligations should be implemented in good faith.
- Suspension or exclusion of participatory rights is prohibited except on grounds established by law and which are objective and reasonable.
- Subsidiary legislation should lay out clear and precise regulations and administrative instructions for the electoral process.
- Internet intermediaries should recognize and protect human rights online, including through accessible and effective complaint and redress mechanisms.