Obligation

Right to an Effective Remedy

International and regional treaties protect the right of everyone to an effective remedy before a competent national tribunal for acts that violate their rights or freedoms.[1] The right to an effective remedy is fundamental to ensuring the fulfillment of all other human rights. Regional treaties clearly state that remedies should be available for complaints arising throughout the electoral process, including the ability to challenge results.[2] Effective redress requires that disputes be dealt with in a timely manner and that states must enforce the remedy when granted.[3] Interpretive sources expand upon this obligation, stating that a recurrence of a rights violation must be prevented.[4] In addition, cessation of a violation is an essential element of an effective remedy.[5] An effective remedy may require reparation[6] or, at times, may require states to take interim measures.[7]

Issues


The Right to an Effective Remedy, Including Challenging Election Results

  • Relevant Election Parts:
  • Legal Framework
  • Electoral Dispute Resolution

An effective and timely remedy was available for all citizens for violations of their rights throughout the electoral process

  • Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms. [?]
  • Individuals must have the right to a remedy for violation of their participatory rights relating to the election process. [?]
  • Remedy should be available for complaints arising throughout the electoral process. [?]
  • An effective remedy requires reparation for harm done. [?]
  • States must enforce a remedy when granted. [?]
  • At times, an effective remedy may require States Parties to take interim measures. [?]
  • Effective redress requires disputes to be dealt with in a timely manner. [?]
  • Electors and candidates may both be given standing in appeals of election results. [?]

The ability to challenge the results of the election was provided by law and was available to complainants as appropriate

  • The right to challenge election results should be provided for by law. [?]

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

  • States Parties are obliged to prevent a recurrence of the violation to the covenant. [?]
  • Cessation of a violation is an essential element of an effective remedy. [?]

The legal framework for elections included the right to challenge the election results as necessary

  • The right to challenge election results should be provided for by law. [?]

The legal framework provided citizens with an effective (timely and enforceable) remedy throughout the electoral process

  • Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms. [?]
  • Individuals must have the right to a remedy for violation of their participatory rights relating to the election process. [?]
  • Remedy should be available for complaints arising throughout the electoral process. [?]
  • An effective remedy requires reparation for harm done. [?]
  • States must enforce a remedy when granted. [?]
  • At times, an effective remedy may require States Parties to take interim measures. [?]
  • States Parties are obliged to prevent a recurrence of the violation to the covenant. [?]
  • Effective redress requires disputes to be dealt with in a timely manner. [?]
  • The right to remedy is required in the context of elections, and the announcement of results. [?]

Right to an Effective Remedy and Voter Registration

  • Relevant Election Parts:
  • Voter Registration

An effective remedy was available for all citizens for violations of their rights during the voter registration process

  • Individuals must have the right to a remedy for violation of their participatory rights relating to the election process. [?]
  • Remedy should be available for complaints arising throughout the electoral process. [?]
  • Remedy procedures should be clearly stated in law and pursuit of these procedures should be allowed within a reasonable limit of time. [?]
  • Both claims and objections must be allowed. [?]

There was a clear timeline for complaints regarding voter registration that ensured that complaints were resolved prior to election day and in time for the election

  • Effective redress requires disputes to be dealt with in a timely manner. [?]
  • Decisions on requests for a remedy should be made with a time period set by law. [?]
  • Complaints relating to the voters register should be resolved prior to election day. [?]
  • The timeline for filing complaints arising from the voter registration period may be limited directly before the election to allow for the finalization of voter registers. [?]
  • Remedy procedures should be clearly stated in law and pursuit of these procedures should be allowed within a reasonable limit of time. [?]

Right to an Effective Remedy

  • Relevant Election Parts:
  • Electoral System and Boundary Delimitation

There was an effective means of seeking redress for violations concerning boundary delimitation and the electoral system

  • Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms. [?]
  • Individuals must have the right to a remedy for violation of their participatory rights relating to the election process. [?]
  • Remedy should be available for complaints arising throughout the electoral process. [?]
  • States must enforce a remedy when granted. [?]
  • Delimitation of boundaries requires remedies that sufficiently equalize the ratio between population and representation and/or ensure that constituencies as drawn do not discriminate. [?]

Right to an Effective Remedy for Electoral Management Body Actions

  • Relevant Election Parts:
  • Election Management

An effective (timely and enforceable) remedy was available for all violations of their fundamental rights

  • Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms. [?]
  • Individuals must have the right to a remedy for violation of their participatory rights relating to the election process. [?]
  • Remedy should be available for complaints arising throughout the electoral process. [?]
  • States must enforce a remedy when granted. [?]
  • Effective redress requires disputes to be dealt with in a timely manner. [?]

Right to an Effective Remedy and Voter Education

  • Relevant Election Parts:
  • Voter Education

There was a timely and effective means of seeking redress for violations of rights, including regarding voter education

  • Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms. [?]
  • Individuals must have the right to a remedy for violation of their participatory rights relating to the election process. [?]
  • Remedy should be available for complaints arising throughout the electoral process. [?]
  • States must enforce a remedy when granted. [?]
  • Effective redress requires disputes to be dealt with in a timely manner. [?]

Right to an Effective Remedy for Candidates and Parties

  • Relevant Election Parts:
  • Candidacy and Campaigning

There was a timely and effective means of seeking redress for violations of rights regarding candidacy and campaigning

  • Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms. [?]
  • Individuals must have the right to a remedy for violation of their participatory rights relating to the election process. [?]
  • Cessation of a violation is an essential element of an effective remedy. [?]
  • The legal framework for elections should provide effective redress for violations of electoral rights. [?]
  • Effective redress requires disputes to be dealt with in a timely manner. [?]

Right to an Effective Remedy and the Media

  • Relevant Election Parts:
  • The Media

A system to file complaints related to the media was available for all citizens

  • Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms. [?]
  • Individuals must have the right to a remedy for violation of their participatory rights relating to the election process. [?]
  • Remedy should be available for complaints arising throughout the electoral process. [?]
  • An effective remedy requires reparation for harm done. [?]
  • States must enforce a remedy when granted. [?]
  • At times, an effective remedy may require States Parties to take interim measures. [?]
  • States Parties are obliged to prevent a recurrence of the violation to the covenant. [?]
  • Cessation of a violation is an essential element of an effective remedy. [?]
  • The legal framework for elections should provide effective redress for violations of electoral rights. [?]
  • Effective redress requires disputes to be dealt with in a timely manner. [?]
  • The state must assure that everyone has a right to reply for incorrect information published about him/her. [?]
  • A system to file complaints about media should be available to all citizens. [?]

Right to an Effective Remedy and Voting Operations

  • Relevant Election Parts:
  • Voting Operations

The state provided an effective (timely and enforceable) remedy to all citizens for violations of their rights, including in the context of voting operations

  • Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms. [?]
  • Individuals must have the right to a remedy for violation of their participatory rights relating to the election process. [?]
  • Remedy should be available for complaints arising throughout the electoral process. [?]
  • Effective redress requires disputes to be dealt with in a timely manner. [?]

Right to an Effective Remedy and Vote Counting and Tabulation

  • Relevant Election Parts:
  • Vote Counting and Tabulation

The legal framework provided clear guidance on the grounds for complaints and appeals as well as the processes for demanding a recount

  • The right to challenge election results should be provided for by law. [?]
  • The rules should provide a mechanism for challenging and for invalidating all or part of the election results. [?]
  • Fair rules should exist for the right to demand a recount. [?]
  • The rules should provide clear grounds upon which complaints and appeals are allowable. [?]

The right to challenge the election results was guaranteed by law

  • Remedy should be available for complaints arising throughout the electoral process. [?]
  • The right to challenge election results should be provided for by law. [?]
  • Vote counting procedures should be verifiable and votes should be preserved for review. [?]
  • The rules should provide a mechanism for challenging and for invalidating all or part of the election results. [?]
  • Arrangements should be made to hear petitions related to the announcement of results. [?]

The right to remedy was protected throughout the process

  • Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms. [?]
  • States must enforce a remedy when granted. [?]
  • Effective redress requires disputes to be dealt with in a timely manner. [?]

There was impartial scrutiny of the counting and tabulation process, and it was subject to judicial review

  • Vote counting procedures should be verifiable and votes should be preserved for review. [?]
  • There should be impartial scrutiny of the counting process and access to judicial review. [?]

Correction of Voter Registration Data

  • Relevant Election Parts:
  • Voter Registration

Citizens that offered proof of identity had the right to rectify information about them that was inaccurate

  • Everyone who offers proof of identity has the right to have rectifications made to information about them in the case of unlawful, unnecessary, or inaccurate entries. [?]
  • The state must assure that everyone has a right to reply for incorrect information published about him/her. [?]

Voter registration procedures allowed for claims (of unjustified exclusion) and objections (for incorrect inclusion)

  • Remedies for inadequate voter registration requires that disenfranchisement be corrected and ineligible people be prevented from voting. [?]

Sources

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