3619 Results
Quotes
Quotes based on international documents, law, and treaties- "The Court recalls that the rights set out in Article 3 of Protocol No. 1 are not absolute, but may be subject to limitations. The Contracting States enjoy a wide margin of appreciation in imposing conditions on the right to vote, but it is for the Court to determine in the last resort whether the requirements of Protocol No. 1 have been complied with. It has to satisfy itself that the conditions do not curtail the right to vote to such an extent as to impair its very essence and deprive it of effectiveness; that they are imposed in pursuit of a legitimate aim; and that the means employed are not disproportionate. In particular, such conditions must not thwart “the free expression of the people in the choice of the legislature” (see the above-mentioned Mathieu-Mohin and Clerfayt judgment, p. 23, § 52). "
- "The Court makes it clear at the outset that the choice of electoral system by which the free expression of the opinion of the people in the choice of the legislature is ensured – whether it be based on proportional representation , the “first-past-the-post” system or some other arrangement – is a matter in which the State enjoys a wide margin of appreciation. "
- "The Court reiterates that Article 3 of Protocol No. 1, which provides for “free” elections “at reasonable intervals”, “by secret ballot” and “under conditions which will ensure the free expression of the opinion of the people”, involves the subjective rights to vote and to stand for election. Yet however important they may be, those rights are not absolute. Since Article 3 recognises them without setting them forth in express terms, let alone defining them, there is room for “implied limitations” (see Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987, § 52, Series A no. 113). Under their respective legal systems, the Contracting States enjoy a wide margin of appreciation in imposing conditions on the right to vote, which conditions are not, in principle, precluded by Article 3, but it is for the Court to determine in the last resort whether the requirements of Protocol No. 1 have been complied with. It has to satisfy itself that the conditions do not curtail the right to vote to such an extent as to impair its very essence and deprive it of effectiveness; that they are imposed in pursuit of a legitimate aim; and that the means employed are not disproportionate. "
- "In particular, any conditions thus imposed must not thwart the free expression of the people in the choice of the legislature – in other words, they must reflect, or not run counter to, the concern to maintain the integrity and effectiveness of an electoral procedure aimed at identifying the will of the people through universal suffrage (Ždanoka v. Latvia [GC], no. 58278/00, § 104, ECHR 2006-IV). "
- "Free elections and the freedom of expression, particularly the freedom of political debate, form the foundation of any democratic system. Those two rights are interdependent and mutually reinforcing: for example, as the Court has found in the past, freedom of expression is one of the “conditions which will ensure the free expression of the opinion of the people in the choice of the legislature” (see Mathieu-Mohin and Clerfayt, cited above, § 54). That is why it is particularly important in the period preceding an election that opinions and information of all kinds are permitted to circulate freely (see The Communist Party of Russia and Others v. Russia, no. 29400/05, § 107, 19 June 2012). "
- "In certain circumstances the two rights may come into conflict and it may be considered necessary, in the period preceding or during an election, to place certain restrictions, of a type which would not usually be acceptable, on freedom of expression, in order to secure the “free expression of the opinion of the people in the choice of the legislature”. The Court recognises that, in striking the balance between these two rights, the Contracting States have a margin of appreciation, as they do generally with regard to the organisation of their electoral systems (see Bowman, § 43, cited above). "
- "As regards restrictions on the exercise of the right to vote abroad based on the criterion of the voter’s place of residence, Convention institutions have in the past accepted several reasons justifying such restrictions: first of all, the presumption that a non-resident citizen is less directly or less continually concerned with his country’s day-to-day problems and has less knowledge of them; secondly, the fact that it is impracticable for the parliamentary candidates to present the different electoral issues to citizens abroad and that non-resident citizens have no influence on the selection of candidates or on the formulation of their electoral programmes; thirdly, the close connection between the right to vote in parliamentary elections and the fact of being directly affected by the acts of the political bodies so elected; and, fourthly, the legitimate concern the legislature may have to limit the influence of citizens living abroad in elections on issues which, while admittedly fundamental, primarily affect persons living in the country (see Hilbe v. Liechtenstein (dec.), no. 31981/96, ECHR 1999-VI ; X and association Y v. Italy, no. 8987/80, Commission decision of 6 May 1981, Decisions and Reports (DR) 24, p. 192 ; and Polacco and Garofalo v. Italy, no. 23450/94, Commission decision of 15 September 1997, DR 90-B, p. 5). More recently the Court held that having to satisfy a residence or length-of-residence requirement in order to have or exercise the right to vote in elections is not, in principle, an arbitrary restriction of the right to vote and is therefore not incompatible with Article 3 of Protocol No. 1 (see Doyle v. the United Kingdom (dec.), no. 30158/06, 6 February 2007, and Sitaropoulos and Giakoumopoulos v. Greece [GC], no. 42202/07, § 69, ECHR 2012). "
- "Any departure from the principle of universal suffrage risks undermining the democratic validity of the legislature thus elected and the laws which it promulgates. Exclusion of any groups or categories of the general population must accordingly be reconcilable with the underlying purposes of Article 3 of Protocol No. 1 (see Sukhovetsky v. Ukraine, no. 13716/02, § 52, ECHR 2006-VI ; Russian Conservative Party of Entrepreneurs and Others v. Russia, nos. 55066/00 and 55638/00, § 49, 11 January 2007; Krasnov and Skuratov v. Russia, nos. 17864/04 and 21396/04, § 41, 19 July 2007; and Kovach v. Ukraine, no. 39424/02, § 50, ECHR 2008). "
- "The Court found that the right to vote cannot be construed as laying down a general guarantee that every voter should be able to find on the ballot paper the candidate or the party he had intended to vote for. It reiterates, nevertheless, that the free expression of the opinion of the people is inconceivable without the participation of a plurality of political parties representing the different shades of opinion to be found within a country’s population."
- "The Court reiterates that national practices concerning voting rights for expatriates and the exercise of such rights are far from being uniform across the States Parties. Broadly speaking, Article 3 of Protocol No. 1 does not impose on States Parties any obligation to enable citizens resident abroad to exercise their right to vote (see Sitaropoulos and Giakoumopoulos [GC], cited above, §§ 74 and 75). Furthermore, the work of the Venice Commission has shown that withholding or limiting the voting rights of expatriates does not amount to a restriction on the principle of universal suffrage. In fact, the different interests involved should be weighed up, including the State’s choice to enable its expatriate citizens to exercise their voting rights, practical and security considerations relating to the exercise of this right, and the technical arrangements for implementing it. "
- "The Court in fact accepts that there are numerous ways of organising and running electoral systems and a wealth of differences, inter alia, in historical development, cultural diversity and political thought within Europe which it is for each Contracting State to mould into its own democratic vision (see Scoppola v. Italy (no. 3) [GC], no. 126/05, § 83, 22 May 2012). By reason of their direct and continuous contact with the vital forces of their countries, their societies and their needs, the national authorities, both legislative and judicial, are better placed to assess the difficulties faced in establishing and safeguarding the democratic order in their state. "
- "Expresses concern that, despite progress made towards the full implementation of the right to participate in public affairs worldwide, many people continue to face obstacles, including discrimination, in the enjoyment of their right to participate in the public affairs of their countries as well as in the enjoyment of other human rights that enable it;"
- "Ensure full, effective and equal participation of all citizens in political and public affairs."
- "Compl[y] fully with their international human rights law obligations and commitments with regard to participation in political and public affairs, including reflecting them in their national legislative framework."
- "[Consider] signing and ratifying or acceding to the International Covenant on Civil and Political Rights and other core international human rights treaties. "
- "Tak[e] all necessary measures to eliminate laws, regulations and practices that discriminate, directly or indirectly, against citizens in their right to participate in public affairs on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, or on the basis of disability. "
- "Tak[e] proactive measures to eliminate all barriers in law and in practice that prevent or hinder citizens, in particular women, persons belonging to marginalized groups or minorities, persons with disabilities and persons in vulnerable situations, from participating fully in effectively in political and public affairs, including, inter alia, reviewing and repealing measures that unreasonably restrict the right to participate in public affairs, and considering adopting, on the basis of reliable data on participation, temporary special measure, including legislative acts, aimed at increasing the participation of underrepresented groups in all aspects of political and public life; "
- "The Committee notes that it is for the State party to show that the restriction on the author’s freedom of speech was necessary in the present case. Even if a State party may introduce a permit system aiming to strike a balance between an individual’s freedom of speech and the general interest in maintaining public order in a certain area, such a system must not operate in a way that is incompatible with article 19 of the Covenant. In the present case, the author made a public address on issues of public interest. On the evidence of the material before the Committee, there was no suggestion that the author’s address was either threatening, unduly disruptive or otherwise likely to jeopardise public order in the mall; indeed, police officers present, rather than seeking to curtail the author’s address, allowed him to proceed while videotaping him. The author delivered his speech without a permit. For this, he was fined and, when he failed to pay the fine, he was held in custody for five days. The Committee considers that the State party’s reaction in response to the author’s conduct was disproportionate and amounted to a restriction of the author’s freedom of speech which was not compatible with article 19, paragraph 3, of the Covenant. It follows that there was a violation of article 19, paragraph 2, of the Covenant. "
- "The right to information is hereby guaranteed in accordance with the following principles:Every person has the right to access information of public bodies and relevant private bodies expeditiously and inexpensively."
- "Any departure from the principle of universal suffrage risks undermining the democratic validity of the legislature thus elected and the laws which it promulgates. "
- "Exclusion of any groups or categories of the general population must accordingly be reconcilable with the underlying purposes of Article 3 of Protocol No. 1 (see Sukhovetskyy v. Ukraine, no. 13716/02, § 52, ECHR 2006-VI)."
- "Moreover, considerations of expediency and the necessity for tight time-limits designed to avoid delaying the electoral process, although often justified, may nevertheless not serve as a pretext for undermining the effectiveness of electoral procedures (see, mutatis mutandis, Namat Aliyev, cited above, § 90)."
- "More particularly, the States enjoy considerable latitude to establish in their constitutional order rules governing the status of parliamentarians, including criteria for disqualification. Though originating from a common concern - ensuring the independence of members of parliament, but also the electorate’s freedom of choice -, the criteria vary according to the historical and political factors peculiar to each State. The number of situations provided for in the Constitutions and the legislation on elections in many member States of the Council of Europe shows the diversity of possible choice on the subject. None of these criteria should, however, be considered more valid than any other provided that it guarantees the expression of the will of the people through free, fair and regular elections."
- "Public services shall be delivered in the most effective, efficient and economical manner, consistent with the highest possible standards."
- "Public service agents shall demonstrate professionalism, transparency and impartiality in the performance of their duties."
- "State Parties shall entrench into their national laws and regulations the principles of equal access and non-discrimination."
- "Public services must be delivered in accordance with national laws, regulations and policies in force."
- "Public service and administration shall make available to users information on procedures and formalities pertaining to public service delivery"
- "Public service agents shall on no account use their positions for political or personal gains. In all circumstances, they shall act with impartiality and loyalty."
- "State Parties shall adopt procedures for selection and recruitment into the public service and administration that shall be based on principles of competition, merit, equity and transparency."
- "State Parties shall take measures to ensure that older persons have access to infrastructure, including buildings, public transport and are according seating priority. "
- "State Parties shall: (…) 3. ensure that older persons with disabilities have access to assistive devices and specialized care, which respond to their needs in their communities. "
- "State Parties shall: (…) 3. enact legislation and take other measures that protect the right of older persons to express opinions and participate in social and political life. "
- "The circumstances in which the lethal use of force by security forces is permitted are strictly circumscribed by international human rights law: the force must be necessary and proportionate to the threat posed, and intentional lethal force is only permitted where it is necessary to protect life."
- "The government, with international assistance where appropriate, should undertake an independent review of the events to determine the causes of the violence and necessary reforms. Investigations in such cases should aim to review the individual and structural causes or conditions for the killings in full, including whether the police use of force guidelines comply with the international law on the use of force; whether the police have any and appropriate plans for crowd-control situations; whether police have equipment and weapons appropriate for crowd control; the role of police intelligence; whether there were failures in the police command and control; and what orders were given to police."
- "The country may need to take special steps following security force killings during a protest to ensure that the police responsible are investigated, such as by creating a special task force or requesting the assistance of international investigators. Countering impunity for police abuses is a key step in deterring and reducing future abuses."
- "Depoliticization may require structural changes to recruitment processes for the particular security force, to encourage the development of a force that is broadly representative and not composed solely of those personally loyal to a leader."
- "Increased security should be focused on candidates and polling sites. Increased security should be planned not just for election day, but also especially in the preelection period, and should continue into the post-election period where necessary."
- "Insurgent threats, intimidation and violence towards potential voters can result in significant reductions in voter turnout, with grave negative effects on election legitimacy and on the development of democratic processes. In countries or areas where insurgents have called for boycotts and threatened violence against voters, more attention should be devoted to considering how voters can vote while minimizing retaliation. Voting practices that, for example, result in voters having semi-permanent marks on their bodies (e.g., ink stained fingers) allow insurgents to identify voters for punishment, and may be inappropriate in some contexts. "
- "Both before and during the election cycle, governments should make concerted efforts to dismantle private armed groups and prosecute those responsible for participating in or forming them. State forces should also protect citizens from armed groups."
- "In addition, the police, because of resource or training deficiencies, may be unable to meet to their international due diligence obligations to effectively prevent violence."
- "Political or other bias by the police may result in failures to protect civilians from violence (by, for example, not intervening to prevent physical attacks, or by failing to arrest perpetrators)."
- "In countries with a track record of election violence, governments should draw up plans for dealing with such violence in the future in ways that are consistent with their human rights obligations. (...) While some of the details of such contingency planning will need to remain confidential, it is also essential that the authorities release enough detailed information in order to make it clear that serious planning has been undertaken, as well as to discourage those potentially violent forces who might otherwise assume there will be few obstacles to, and no consequences flowing from, their actions."
- "Investigations and prosecutions are essential to reduce future violence."
- "To ensure a transparent and fair campaign finance system, both routine political party financing and campaign financing must be considered in the legislation."
- "The law should clearly establish timeframes for which campaign finance regulations are applicable, including dates for reporting and disclosure, and statutes of limitations for violations."
- "For campaign finance laws or regulations to be meaningful, it is essential for them to require disclosure through clear, detailed and periodic reporting on contributions and expenditures."
- "While formal campaign finance oversight is to be carried out by an official regulator, monitoring of compliance with the regulations can also be undertaken by media, civil society organizations and international observers, which can play an important role in enhancing transparency of campaign finance and create safeguards against potential abuses."
- "Sanctions should be imposed on electoral contestants who violate campaign finance regulations. Sanctions should eliminate any benefit obtained from failing to comply with the law, punish those who fail to comply and deter future non-compliance."
- "Sanctions must at all times be objective, enforceable, effective and proportionate to their specific purpose. A range of sanctions may be applied, including warnings, administrative fines, partial or total loss of public funds and, in the case of significant violations, criminal prosecution."