3619 Results
Quotes
Quotes based on international documents, law, and treaties- "During electoral campaigns, a competent impartial electoral management body (EMB) or judicial body should be empowered to require private companies to remove clearly defined third-party content from the internet, based on electoral laws and in line with international standards."
- "During electoral periods, the open internet and net neutrality need to be protected."
- "Citizens need to be protected in the processing of personal data particularly during the election period when large amounts of personal data are processed, including those available in the electoral registers. As regards the registers data privacy has to be balanced against the transparency required for electoral integrity."
- "The individual’s online behaviour cannot be monitored without the free, specific, informed and unambiguous consent of the data subject or other legitimate basis laid down by law according to Article 5(2) of Convention 108+. Furthermore, when the processing concerns sensitive categories of data such as information revealing political opinions, an explicit consent may also be required as complementary protection (Article 6 of Convention 108+)."
- "The data processing in both electoral and political advertising (in particular microtargeting advertising) context shall comply with data protection principles under Article 5 of Convention 108+. These personal data must be processed in compliance with purpose limitation and data minimisation principles. In particular, according to Recommendation CM/Rec(2012)4 of the Committee of Ministers on the protection of human rights with regard to social networking services, social networks should secure the informed consent of their users before their personal data is shared with other categories of people or companies or used in ways other than those necessary for the specified purposes for which they were originally collected."
- "Therefore, the Venice Commission has issued two recommendations which remain highly relevant and need to be implemented: - Revising rules and regulations on political advertising, in terms of access to the media (updating broadcasting quotas, limits and reporting categories, introducing new measures covering internet-based media, platforms and other services, addressing the implications of micro targeting) and in terms of spending (broadening of scope of communication channels covered by the relevant legislation, addressing the monitoring capacities of national authorities. "
- "Therefore, the Venice Commission has issued two recommendations which remain highly relevant and need to be implemented: - Ensuring accountability of internet intermediaries, in terms of transparency and access to data enhancing transparency of spending, specifically for political advertising. In particular, internet intermediaries should provide access to data on paid political advertising, so as to avoid facilitating illegal (foreign) involvement in elections, and to identify the categories of target audiences."
- "The Council of Europe has identified two types of cyberthreats to elections. First, threats to electoral democracy, namely “attacks against the confidentiality, integrity and availability of election computers and data”, compromising voter databases or registration systems; tampering with voting machines to manipulate results; interference with the function of systems on election day; and illegal access to computers to steal, modify, disseminate sensitive data. Second, threats to deliberative democracy, i.e. “information operations with violations of rules to ensure free, fair and clean elections” related to data protection, political finances, media coverage of electoral campaigns and broadcasting and political advertising."
- "Concerning international cooperation, as already stressed under the preceding principle it is necessary to create mechanisms to make the exchange of information and the investigation, prosecution and sanction of illegal conducts related to the subject of democracy and new technologies more efficient."
- "Measures such as the adoption of corporate digital ethics codes and of self-regulatory mechanisms to solve conflicts between companies and users would also allow greater regulatory flexibility for the benefit of the interests of users and companies, while depressurising the relationship with the government and promoting co-responsibility of online behaviours."
- "The legal framework should, therefore, be drafted in an open and inclusive manner in order to secure broad confidence among competing political parties and candidates, and voters. It is good practice that significant changes in the legal framework are not introduced shortly before an election, except under exceptional circumstances and when the amendments have broad political support."
- "The right to appeal to election bodies and courts should be established to enable a clear, understandable, singular and hierarchical complaint process that defines the roles of each level of election commission and each level of the courts. This will avoid the potential for a complainant to appeal to the body considered likely to offer the most favourable consideration of the complaint. "
- "Responses to complaints should be provided in writing and in a timely manner. All hearings and rulings should be public."
- "It is a good practice for election-administration bodies to publish their decisions immediately upon delivery and provide regular and timely briefings for the media. "
- "All meetings should be announced in a timely manner, with all relevant documents equally conveyed to all members of the commission in sufficient time to be considered prior to the session."
- "Any language requirements should not present an unreasonable limitation on candidacies and should be clearly provided for by law. Language tests should be transparent, objective, non-discriminatory and administered fairly."
- "With regard to the principle of proportionality, parties or candidates should not be disqualified from standing for election other than for the most serious reasons given the fundamental nature of the right to stand. They should be given an opportunity to correct any technical deficiencies on their applications for registration and should not be disqualified or refused registration solely on technical grounds."
- "Electronic technologies must function in a manner compatible with the principles enshrined in OSCE commitments and other international standards for democratic elections, and offer the same guarantees for transparency, accountability and public confidence as traditional voting methods."
- "For instance, participating States could consider facilitating the efforts of citizens belonging to national minorities to exercise their right to vote by introducing targeted measures to overcome specific difficulties, such as language barriers, including by providing readily accessible information and materials about voting in minority languages in areas inhabited by minorities."
- "While citizenship requirements can be applied in relation to parliamentary elections, participating States are encouraged to provide non-citizens belonging to national minorities with the possibility to vote and to stand as candidates in local elections."
- "Special measures to promote the election of national-minority candidates to public office should be encouraged. For example, experience has shown that lowering the number of supporting signatures required for the registration of candidates from national-minority parties can be an effective special measure. This could also be combined with an exemption from the requirement to surpass a nationwide threshold in proportional representation systems. When determining the size of electoral deposits, contribution and spending limits, eligibility thresholds and other parameters of electoral frameworks, states should consider their impact on the participation of candidates belonging to national minorities and, if needed, take targeted measures to ensure that the right to effective participation of minorities in the electoral processes is not unduly restricted."
- "In most cases, those majoritarian systems that are based on single-seat electoral districts will only be advantageous for minority representation in states where minorities are concentrated territorially. (…) If a national minority community is dispersed throughout the state, it would not necessarily be ensured representation because there may not be sufficient votes to ensure a national-minority winner in any of the single-seat districts. "
- "The representation of a sizable concentrated national minority achieved in a single-seat district may prove to be less than the representation that would be achieved under a proportional system, as majoritarian candidates may receive more votes than are necessary to win seats."
- "There are also implications for national minorities in the choice between FPTP and majority systems. In a FPTP system, there is no incentive to seek votes across constituencies if the national minority represents the largest percentage of voters but not the majority. In a majority system, there could be an incentive to seek votes outside the national minority in order to acquire the required majority."
- "Proportional systems produce results more representative of different opinions, including those of national minorities."
- "Ideally, both national and regional thresholds should be low enough to give national-minority parties the chance to have their candidates elected to a national legislature."
- "Electoral systems that provide the possibility of preferential voting, such as AV and STV systems, enable voters to indicate how they would vote if their preferred candidate lost, by indicating second, third and subsequent choices."
- "For example, national-minority parties can be exempted from the need to surpass a legal threshold in order to qualify for seat allocation or can benefit from a lower legal threshold than other parties to obtain representation."
- "While the principle of one person, one vote is one of the most fundamental rules of democratic electoral systems, in some cases a dual voting system can be used to promote representation of minority communities."
- "According to a study by the Venice Commission, dual voting is an exceptional measure that has to be within the legal framework of the constitution and may be permitted if it respects the principle of proportionality in its various aspects. This implies that it can only be justified if: - It is impossible to reach the aim pursued through other less intrusive measures that do not infringe upon equal voting rights; - It has a transitional character; and - It concerns only a numerically small minority."
- "If there is the political will to ensure the representation of such minorities, this can be achieved by introducing special measures through reserved seats. Reserved seats are contested within a minority community and filled by people representing minority communities."
- "Authorities should ensure that IDPs are able to exercise their right to political participation while they are displaced and upon their return or relocation. Various authorities and institutions, including the electoral management body, share the responsibility of ensuring that provisions for registration and voting are established and that these processes are accessible."
- "Public security providers should not be engaged in politics, take sides or demonstrate preferential support for any specific party or candidate. They should remain neutral and be perceived as impartial."
- "Public security providers must ensure equal conditions and guarantee equal protection for all participants throughout an electoral process."
- "Public security providers should operate in accordance with domestic law and international norms, and ensure that any necessary interventions are only required to achieve specific objectives of maintaining order based on a legitimate aim. Any restrictions during an electoral process should be based in law and be proportional to the objectives."
- "Law enforcement agencies and personnel should undertake efforts to ensure the availability of information to the public concerning its activities and cultivate a police-public partnership."
- "The use of force must be considered an exceptional measure, not to be executed arbitrarily. It should be proportionate to the threat, minimizing damage and injury, and used only to the extent required to achieve a legitimate objective. National legislation should clearly establish circumstances justifying its use. This includes providing adequate advance notice and using only the level of force needed to deal with various threats. Authorities should develop a range of responses to enable a differentiated and proportional use of force."
- "Public security providers should avoid the use of force in the event of unlawful though non-violent assemblies or limit its use to a minimum."
- "In dispersing violent assemblies and demonstrations, specific reference is made concerning firearms, i.e., that they may be used only when less dangerous measures prove ineffective and when there is an imminent threat of death or of serious injury. Firing indiscriminately into a violent crowd is never a legitimate or an acceptable method of dispersal."
- "If the force used is not authorized by law or is deemed excessive, law enforcement personnel and other individuals involved, including those connected with authorizing the use of force, should be subject to disciplinary action, as well as civil and criminal liability. Law enforcement personnel should also be held liable for failing to intervene where such intervention might have prevented other personnel from using excessive force."
- "Appropriate and proportionate heightened security measures may be instituted in response to emergency security situations with a view to restoring or maintaining public order. In doing so, international obligations and standards set out that limitations of fundamental rights and freedoms during a state of emergency can be justified only by strict and exceptional necessity in light of a grave and imminent threat."
- "To avoid conflicts of interest, any alleged malfeasance by public security officials may necessitate investigation and follow-up by a separate independent authority. In particular, law enforcement personnel at all levels must be held responsible and accountable for any unlawful actions or omissions or for illegitimate orders to subordinates. Such accountability is crucial to maintaining trust and confidence in the respective institutions."
- "The overall approach to electoral security should reflect the principle that the ultimate objective of ensuring a safe and secure electoral environment is not to impose limitations, but to ensure that fundamental rights are not undermined and that they can be freely exercised. Security concerns should not be misused as justification for unduly restricting freedoms."
- "Activities undertaken by public security providers during an election should be construed as a public service and be guided by the interests of public order and the protection of fundamental rights and freedoms. The public-service culture in the delivery of security services should be promoted as an approach conducive to enhancing pubic confidence and to facilitating interaction and information exchange between electoral stakeholders and the security services."
- "State Parties acknowledge the need to eliminate discrimination against girls and young women according to obligations stipulated in various international, regional and national human rights conventions and instruments designed to protect and promote women's rights. In this regard, they shall: (...) b) Ensure that girls and young women are able to participate actively, equally and effectively with boys at all levels of social, educational, economic, political, cultural, civil life and leadership, as well as scientific endeavours. "
- "State Parties shall take the following measures to promote active youth participation in society: They shall: a) Guarantee the participation of youth in parliament and other decision-making bodies in accordance with the prescribed laws; b) Facilitate that creation or strengthening of platforms for youth participation in decision-making at local, national, regional, and continental levels of governance; c) Ensure equal access of young men and young women to participate in decision-making and in fulfilling civil duties. "
- "The following principles should be applied in all policies and activities concerning young people: (…) Participation: recognising that all young people are a resource to society, all policies and activities concerning young people should uphold young people's right to participate in the development, implementation and follow-up of policies affecting them by means of meaningful participation of young people and youth organisations. In this context, policies should be built in recognition of the changes brought about by digital communication affecting democratic and civic participation."
- "The Council of the European Union and the Representatives of the Governments of the Member States meeting within the Council invite Member States and the European Commission, within their respective fields of competence, to: - Encourage and promote inclusive democratic participation of all young people in society and democratic processes; - Actively engage young people, youth organisations and other organisers of youth work in the development, implementation and evaluation of policies affecting the lives of young people on local, regional, national and European level."
- "The Council of the European Union and the Representatives of the Governments of the Member States meeting within the Council invite Member States and the European Commission, within their respective fields of competence, to: (...) - Explore and promote the use of innovative and alternative forms of democratic participation, e.g. digital democracy tools and facilitate access in order to support youth participation in democratic life and engage young people in an inclusive way, whilst being aware that some young people do not have access to the internet and digital technologies, or the skills to use them."
- "Personal information controllers should provide clear and easily accessible statements about their practices and policies with respect to personal information that should include: a) the fact that personal information is being collected; b) the purposes for which personal information is collected; c) the types of persons or organizations to whom personal information might be disclosed; d) the identity and location of the personal information controller, including information on how to contact them about their practices and handling of personal information; e) the choices and means the personal information controller offers individuals for limiting the use and disclosure of, and for accessing and correcting, their personal information."