219 Results
Quotes
Quotes based on international documents, law, and treaties- "[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; "
- "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 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. "
- "Individuals should be able to: a) obtain from the personal information controller confirmation of whether or not the personal information controller holds personal information about them; b) have communicated to them, after having provided sufficient proof of their identity, personal information about them; i. within a reasonable time; ii. at a charge, if any, that is not excessive; iii. in a reasonable manner; iv. in a form that is generally understandable; and, c) challenge the accuracy of personal information relating to them and, if possible and as appropriate, have the information rectified, completed, amended or deleted. "
- "Personal data shall be: (...) (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)."
- "Individuals should have the right: a) to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to them; b) to have communicated to them, data relating to them i. within a reasonable time; ii. at a charge, if any, that is not excessive; iii. in a reasonable manner; and iv. in a form that is readily intelligible to them; c) to be given reasons if a request made under subparagraphs (a) and (b) is denied, and to be able to challenge such denial; and d) to challenge data relating to them and, if the challenge is successful to have the data erased, rectified, completed or amended."
- "In order to have the most effective protection of his private life, every individual should have the right to ascertain in an intelligible form, whether, and if so, what personal data is stored in automatic data files, and for what purposes. Every individual should also be able to ascertain which public authorities or private individuals or bodies control or may control their files. If such files contain incorrect personal data or have been collected or processed contrary to the provisions of the law, every individual should have the right to request rectification or elimination."
- "The General Assembly (...) 6. Calls upon all States: (...) (e) To provide individuals whose right to privacy has been violated by unlawful or arbitrary surveillance with access to an effective remedy, consistent with international human rights obligations."
- "There must be the possibility for meaningful verification of ballots cast electronically, such as that provided by a manual recount or end-to-end verifiability. (...) The verification mechanism must also fully guarantee the integrity of the results without compromising the secrecy of the vote. "
- "Electoral constituencies should be drawn in a manner that preserves equality among voters. Thus, the law should require that constituencies be drawn in such a way that each constituency has approximately the same population size."
- "Personal data that are processed must be adequate, relevant, correct and, if necessary, up to date; all reasonable measures must be taken to complete, correct, block or erase data that are incomplete or incorrect."
- "The legal framework should stipulate that every voter, candidate and political party has the right to lodge a complaint with the competent authority when an infringement of electoral rights has occurred. Care must be taken when drafting such provisions to ensure that the right to seek protection of electoral rights is not unduly restricted to a limited number of groups, such as political parties or candidates."
- "The law must require that the appropriate election-administration body or court consider, determine and render a prompt decision on a complaint. A principle common to many legal systems is that “justice delayed is justice denied”."
- "Principle of respect for privacy 1. Public authorities shall have respect for privacy, particularly when processing personal data. 2. When public authorities are authorised to process personal data or files, particularly by electronic means, they shall take all necessary measures to guarantee privacy. 3. The rules relating to personal data protection, notably as regards the right to have access to personal data and secure the rectification or removal of any data that is inaccurate or shall not have been recorded, shall apply to personal data processed by public authorities."
- "In general, to be effective, remedies should be capable of discontinuing an ongoing violation, making reparations to individuals whose rights have been violated, bringing to justice perpetrators of the violation and preventing similar infringements in the future."
- "At a minimum, natural and legal persons whose rights are affected by administrative decisions, actions or inactions should be entitled to seek court review of these decisions. Given the public nature of the election process, consideration should also be given to allowing complaints in the public interest by essentially permitting stakeholders to challenge any unlawful action or omission in the election process."
- "In order for the remedy of a violation to be effective, it must be provided in a timely and appropriate manner. This is particularly important in the electoral context due to the time-sensitive nature of the fast-paced process."
- "Electoral disputes should be subject to prompt review. While there is no set standard for time limits, good electoral practice recommends three to five days, although longer deadlines may be allowed for the highest courts. Likewise, in challenges against election results, it is advisable that the final resolution of all complaints and appeals take place within two months, maximum."
- "The election administration should be legally empowered to take measures that stop any ongoing infringement, restore violated rights, sanction those who violate legislation and prevent similar infringements in the future. Also, the election administration should be required by law to refer any possible criminal matters that come to its attention to the relevant law enforcement body and to forward complaints not under its jurisdiction to the relevant body."
- "Good electoral practice suggests that the right to bring forward such challenges [appeals of election results] should be granted to all candidates and voters in the respective constituency, although a reasonable quorum may be imposed for appeals against election results filed by voters."
- "Standard complaint forms, either physical or online, also offer complainants the guidance on the elements required for filing. Developing filing standards that are clear and accessible to all election stakeholders gative bodies in processing complaints impartially and effectively. "
- "Due to the unique nature of election complaints, investigators must make their decisions in a timely fashion and in accordance with the rules, policies, and procedures that govern the electoral process."
- "It should be emphasized that, as discussed above, legitimate complaints that are incomplete or do not meet other requirements should not necessarily be dismissed on procedural grounds. Issues of due process should be balanced in the decision to dismiss a case."
- "The principle of prompt investigation is important because election processes and results are time-bound, evidence may be time-sensitive or subject to destruction following an election, and impunity for electoral offenses may linger from one electoral cycle to the next if not dealt with in a timely manner."
- "The principle of effective investigation is directly linked to the fact that individuals must have accessible and effective remedies in place to protect their political rights."
- "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)."
- "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."
- "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."
- "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."
- "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."
- "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."
- "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."
- "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 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."
- "There are effective processes enabling every individual to obtain, on request, information on the processing of his or her personal data and the reason underlying processing; to object to processing; to obtain, on request, rectification or erasure of the personal data; and to consent to, object to or withdraw consent to personal data processing or profiling. "
- "Political campaigning undertaken by political parties, candidates and other individuals online entails responsibilities not only for governments but also for platforms and intermediaries, which should develop codes of conduct that make explicit their respect for such fundamental rights and put in place strategies for their effective enforcement in line with the respective national rules on political campaigning."
- "Online platforms should, in light of their central role and capabilities and their associated responsibilities, adopt effective proactive measures to detect and remove illegal content online and not only limit themselves to reacting to notices which they receive."
- "Online platforms should disclose their detailed content policies in their terms of service and clearly communicate this to their users. These terms should not only define the policy for removing or disabling access to content, but also spell out the safeguards that ensure that content-related measures do not lead to over-removal. In particular, online platforms' terms of service should clearly spell out any possibility for the users to contest removal decisions as part of an enhanced transparency of the platforms' general removal policies."
- "Accordingly, the Assembly calls on member States to review, where necessary, their regulatory frameworks governing media coverage of election campaigns, in order to bring them into line with Council of Europe standards, ensuring in particular that they: (...) 8.3. oblige, where this is not already the case, public and private broadcast media to cover election campaigns fairly and impartially, making sure that opposition parties benefit from balanced media coverage in current affairs and information programmes, and introduce, along with this obligation, appropriate penalties by setting up the necessary monitoring and rectification mechanisms to ensure implementation in practice."
- "The Committee of Ministers therefore, under the terms of Article 15.b of the Statute of the Council of Europe, recommends that member States, in consultation with private sector actors and civil society, develop and promote coherent strategies to protect freedom of expression, access to information and other human rights and fundamental freedoms in relation to search engines in line with the Convention for the Protection of Human Rights and Fundamental Freedoms (...), in particular by engaging with search engine providers to carry out the following actions: (...) – enhance transparency in the collection of personal data and the legitimate purposes for which they are being processed; – enable users to access easily, and, where appropriate, to correct or delete their personal data processed by search engine providers; – develop tools to minimise the collection and processing of personal data, including enforcing limited retention periods, adequate irreversible anonymisation, as well as tools for the deletion of data."