3619 Results
Quotes
Quotes based on international documents, law, and treaties- "Given that there are legally specified periods for each electoral phase, decisions must be both timely and definitive. This implies that conflicts must be resolved before the conclusion of each respective phase of the electoral contest (e.g., any questions arising around the validity of an electoral candidate must be resolved conclusively before the electoral registration period has been completed)."
- "It is the duty of the legal authority to hear and study the arguments presented. Likewise, all parties must be guaranteed the right to present evidence in support of their claims; and the respective authority has an obligation to weigh up the evidence and to evaluate the claims presented by both parties."
- "The principle of equality between the parties should apply at all times."
- "Any decisions taken by internal bodies that may affect human rights, such as the right to political participation, must be duly substantiated and legally motivated."
- "In this context, efficacy means that the formal requirements to lodge an appeal are minimal and do not constitute an obstacle to access justice, nor impede the resolution of the legal dispute in any way."
- "Therefore, in order to guarantee the autonomy and impartiality of bodies responsible for electoral dispute resolution, their legal independence should be ensured at the highest possible level. Thus, the separation of powers must be established at the constitutional level, where it should be clearly stated that the electoral judicial body is independent of the Executive and Legislative branches and that it is not subordinate to either of these powers."
- "So as to guarantee the autonomy, independence, and objectivity of the justice operators, it is essential that the selection and appointment process be based on the personal merit and professional capacity of the candidates, giving importance to their experience and their suitability to the specific functions they are expected to perform."
- "There must be a catalog of evidence that can be presented before judicial authorities. It should be comprehensive, including evidence such as documents, testimonies, and expert witnesses. The basic inadmissibility of certain evidence should be accounted for in the law."
- "The duty to substantiate the judgment constitutes part of the right to defense since the interested party can only appeal the decision adequately if he can refute the legal grounds on which the decision is based."
- "The system of electoral justice should contain norms that uphold the principles of public accountability and transparency. All information regarding legal resolutions and the sessions in which they were issued should be made public and communicated in a language that is simple and accessible to facilitate the understanding of those who are not familiar with the specificities of electoral systems."
- "A good practice for any EJS or EDRS is to establish the right of any natural or legal person to bring a challenge before an administrative or judicial body against any electoral act or decision that it considers prejudicial."
- "Financial sanctions should be proportionate and therefore severe enough to fulfil their purpose of inhibiting prohibited conduct. If they are merely symbolic, this may be read as an invitation to break the law, as the person committing the infraction may calculate that the benefits of violating a prohibition may be greater than the cost of the sanction. "
- "The main guarantee of an effective EDR system is the availability of a remedy that can correct an irregularity by annulling, revoking, modifying or even just acknowledging it. Other mechanisms can either deter or punish a transgressor through a regime of criminal or administrative liability."
- "In order to impart justice in a manner that is absolutely faithful to the mandate of the constitution and the law, it is not enough for EDRBs to enjoy structural autonomy and functional independence. It is also necessary that those who judge electoral matters act with absolute independence, impartiality and professionalism in their individual capacity, without recognizing any subordination to any interest or will other than those stated by law."
- "The public’s trust in an EDRB is strengthened when the constitution or statute that established it contains: - transparent mechanisms for selecting and appointing its members, or at least those of its highest-level organ, based on the merits of the candidates and according to gender- or ethnic-based inclusiveness criteria, and ensuring that they will not be bound by debts of gratitude, fidelity, or animosity with respect to any individual or group."
- "The law generally establishes a predetermined term of office for judicial positions which cannot be reduced or prolonged except by provision of law. This consolidates the independence of those who judge electoral matters: they cannot be dismissed or removed for having handed down decisions that do not please, or are considered inconvenient by certain political parties or individuals."
- "Often the requirement to publish extends not only to electoral judicial rulings but also to the proceedings of the sessions in which they are made. Some examples of good practice include those in which EDRBs have agreed to broadcast their public sessions in real time through the Internet, or post their judgements on their website as soon as they are issued, along with the judicial criteria that establish binding precedent where this is applicable."
- "An optimal design for an EDR system demands clarity and simplicity. The constitutional, statutory and regulatory provisions for challenges that guarantee compliance with the electoral legal framework and the defence of electoral rights must be drafted in simple and clear language in order to meet the requirements of access to justice and legal certainty. Their content must be broadly disseminated in the language of the community where the election is to be held to ensure that they are transparent and easily understood by all interested persons and consistently followed – especially by the EDRBs."
- "It is also important to minimize the formalities required for a challenge to be deemed to have been properly filed."
- "Where a specific charge or cost is made to users of the electoral justice system, this should be at a reasonable price that takes account of criteria such as necessity and proportionality. It should not become an obstacle to access to electoral justice."
- "Electoral judicial proceedings should be timely, that is, a decision should be reached promptly and expeditiously within the legally established periods or stages of the electoral process. A decision taken outside this time frame may be unfair, and would make it impossible to correct the damage done to some electoral rights."
- "Reasonable deadlines should be provided for bringing challenges (generally shorter than those for civil litigation and other branches of administrative law). These need to balance the time required by the person alleging harm by a particular electoral act or decision to take stock of its content and scope and to gather the evidence, on the one hand, against the need to obtain a timely resolution, given that electoral processes proceed in stages that cannot be changed or interrupted."
- "The EDRS should guarantee the right to a defence or to a hearing on a challenge both to the complainant and to the person or body complained against. This includes both the opportunity to make their arguments and the obligation on the EDRB to hear and study them."
- "Violence against women in politics, as all forms of gender-based violence, constitutes a violation of human rights and is a form of discrimination against women prohibited under international human rights standards, under which States have due diligence obligations to prevent, investigate and punish acts of violence against women, whether they are perpetrated by State or non-State actors. States, therefore, have a duty to eradicate and prevent acts of violence against women in politics."
- "The Special Rapporteur makes the following recommendations to States: (a) Adopt and implement legislation prohibiting and criminalizing violence against women in politics or incorporate adequate provisions into existing laws on eliminating violence against women, consistent with international and regional human rights standards. That includes laws to prohibit sexism, harassment and other forms gender-based violence against women in politics, public life and parliament. Laws must be comprehensive enough to cover new forms of violence, including online or ICT-facilitated violence against women. "
- "The Special Rapporteur makes the following recommendations to States: (...) (c) Strengthen the legislative basis for gender parity in all branches and at all levels of government to guarantee women’s full participation in political and public life in compliance with international and regional human rights standards, applying, when necessary, temporary special measures, such as quotas and other measures, to accelerate progress towards the equal participation of women in political life."
- "As many incidents of violence against women in politics occur during electoral processes, electoral stakeholders are encouraged to: (a) Electoral management bodies: monitor and report violence against women in elections, analyse voter and candidate registration procedures to prevent the erection of barriers to women’s participation; ensure that voting arrangements guarantee women’s safety in registration centres and polling stations; integrate information about violence against women in politics and elections and respective mitigation measures into training programmes for electoral administrators; and ensure that early warning systems for election violence and electoral security assessment address gender-based forms of violence."
- "States should recognize online and ICT-facilitated violence against women as a human rights violation and a form of discrimination and gender-based violence against women, and duly apply core international human rights instruments."
- "States should also promote digital literacy in the use of the Internet and ICT for all, without sex- or gender-based discrimination, and promote gender equality at all levels of education, including online education, from early childhood onwards."
- "Internet intermediaries should uphold the principle that human rights are protected online, and voluntary accept and apply all core international human rights and women’s rights instruments with a view to contributing to universal human rights protection and achieving the empowerment of women, and the elimination of discrimination and violence against them in digital space."
- "Intermediaries should publish clear and a comprehensive contents moderation policy and human rights safeguards against arbitrary censorship, and transparent reviews and appeal processes."
- "Intermediaries should ensure data security and privacy, and ensure that the use of data is in compliance with international human rights law and has the fully informed consent of data providers."
- "The Assembly recognises universal access to the internet as a key internet governance principle and considers that the right to internet access, with no discrimination, is an essential component of any sound policy designed to promote inclusion and support social cohesion, as well as an essential factor of sustainable democratic and socio-economic development."
- "In addition, support for initiatives promoting media and information literacy skills for accessing and managing the digital space is essential."
- "In line with the UN Guiding Principles on Business and Human Rights and the “Protect, Respect and Remedy” Framework, intermediaries should respect the human rights of their users and affected parties in all their actions. This includes the responsibility to act in compliance with applicable laws and regulatory frameworks."
- "Any request, demand or other action by public authorities addressed to internet intermediaries that interferes with human rights and fundamental freedoms shall be prescribed by law, exercised within the limits conferred by law and constitute a necessary and proportionate measure in a democratic society. States should not exert pressure on internet intermediaries through non-legal means."
- "State authorities should obtain an order by a judicial authority or other independent administrative authority, whose decisions are subject to judicial review, when demanding intermediaries to restrict access to content."
- "Internet intermediaries should ensure that all terms of service agreements and policies specifying the rights of users and all other standards and practices for content moderation and the processing and disclosure of user data are publicly available in clear, plain language and accessible formats."
- "Internet intermediaries should clearly and transparently provide meaningful public information about the operation of automated data processing techniques in the course of their activities, including the operation of algorithms that facilitate searches based on user profiling or the distribution of algorithmically selected and personalised content, such as news. This should include information on which data is being processed, how long the data processing will take, which criteria are used, and for what purpose the processing takes place."
- "Internet intermediaries should respect the rights of users to receive, produce and impart information, opinions and ideas. Any measures taken to restrict access (including blocking or removing content) as a result of a State order or request should be implemented using the least restrictive means."
- "When restricting access to content in line with their own content-restriction policies, intermediaries should do so in a transparent and non-discriminatory manner. Any restriction of content should be carried out using the least restrictive technical means and should be limited in scope and duration to what is strictly necessary to avoid the collateral restriction or removal of legal content."
- "Internet intermediaries should limit the processing of personal user data to what is necessary in the context of a clearly defined purpose, which is explicitly communicated to all users in a proactive manner. The processing, including collection, retention, aggregation, storage, adaptation, alteration, linking or sharing of personal data shall be based on the free, specific, informed and unambiguous consent of the user, with respect to a specific purpose, or on another legitimate basis laid down by law, as prescribed by Convention 108."
- "Users have the right to access their personal data and to obtain correction, deletion and blocking of it. Intermediaries should therefore provide them with relevant information at all stages of processing, using clear and plain language, especially where such information is addressed to children. Moreover, intermediaries should inform users clearly about the conditions under which they may exercise the right to personal data erasure, to object to the processing of data and to withdraw consent provided for the processing of personal data, following which all processing based on the consent of the user should be terminated."
- "Internet intermediaries should make available – online and offline – effective remedies and dispute resolution systems that provide prompt and direct redress in cases of user, content provider and affected party grievances."
- "Intermediaries should ensure that all users and other parties affected by their actions have full and easy access to transparent information in clear and easily understandable language about applicable complaint mechanisms, the various stages of the procedure, indicative time frames and expected outcomes."
- "Internet traffic should be treated equally, without discrimination, restriction or interference irrespective of the sender, receiver, content, application, service or device. This is understood as the network neutrality principle for the purpose of this recommendation."
- "Internet service providers should provide users with clear, complete and publicly available information with regard to any traffic management practices which might affect users’ access to and distribution of content, applications or services. "
- "Internet service providers should put in place appropriate, clear, open and efficient procedures to respond within reasonable time limits to complaints from Internet users alleging breaches of the principles included in the foregoing provisions. Internet users should have the possibility to refer the matter directly to competent authorities within each member State and be entitled to timely redress."
- "Internet freedom is understood as the exercise and enjoyment on the Internet of human rights and fundamental freedoms and their protection in compliance with the Convention and the International Covenant on Civil and Political Rights."
- "Any national decision or action restricting human rights and fundamental rights on the Internet must comply with international obligations and in particular be based on law. It must be necessary in a democratic society, fully respect the principles of proportionality and guarantee access to remedies and the right to be heard and to appeal with due process safeguards."