233 Results
Quotes
Quotes based on international documents, law, and treaties- "Article 3 of Protocol No. 1 enshrines a principle that is characteristic of an effective political democracy and is accordingly of prime importance in the Convention system (see Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987, § 47, Series A no. 113). This Article would appear at first to differ from the other provisions of the Convention and its Protocols, as it is phrased in terms of the obligation of the High Contracting Parties to hold elections under conditions which ensure the free expression of the opinion of the people, rather than in terms of a particular right or freedom. However, the Court has established that it guarantees individual rights, including the right to vote and to stand for election (ibid., §§ 46-51). "
- "[P]olling stations must include representatives of a number of parties, and the presence of observers appointed by the candidates must be permitted during voting and counting. "
- "[C]ounting must be transparent. Observers, candidates' representatives and the media must be allowed to be present. These persons must also have access to the records."
- "It is important that the polling station officials include multi-party representatives and that observers assigned by the candidates be present. "
- "The vote counting should be conducted in a transparent manner. It is admissible that voters registered in the polling station may attend; the presence of national or international observers should be authorised. These persons must be allowed to be present in all circumstances. There must be enough copies of the record of the proceedings to distribute to ensure that all the aforementioned persons receive one; one copy must be immediately posted on the notice-board, another kept at the polling station and a third sent to the commission or competent higher authority. "
- "Observation is not confined to the actual polling day but includes ascertaining whether any irregularities have occurred in advance of the elections (e.g. by improper maintenance of electoral lists, obstacles to the registration of candidates, restrictions on freedom of expression, and violations of rules on access to the media or on public funding of electoral campaigns), during the elections (e.g. through pressure exerted on electors, multiple voting, violation of voting secrecy, etc.) or after polling (especially during the vote counting and announcement of the results). Observation should focus particularly on the authorities’ regard for their duty of neutrality. "
- "Generally, international as well as national observers must be in a position to interview anyone present, take notes and report to their organisation, but they should refrain from making comment."
- "The law must be very clear as to what sites observers are not entitled to visit, so that their activities are not excessively hampered. For example, an act authorising observers to visit only sites where the election (or voting) takes place could be construed by certain polling stations in an unduly narrow manner"
- "[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; "
- "Democracy requires the practice of dialogue at all levels, between citizens, between social partners, between political parties, and between the State and civil society. Democracy implies participation by citizens in political life and allows them to exercise their right of control."
- "We, Ministers and Heads of Delegation of the States and Governments of Countries using French as a common language, (…) 4 - Undertake the following commitments: (…) C. For a peaceful political life (...) 17. To recognize the role and facilitate the constant involvement of civil society, including non-governmental organizations, the media and traditional moral authorities, enabling them, in the public interest, to make their contribution to a balanced political life."
- "Every person with a disability has the right to participate in political and public life. "
- "To ensure consistency between articles 5 and 12 of the Convention, States parties should: (a) Reform existing legislation to prohibit discriminatory denial of legal capacity, premised on status-based, functional or outcome-based models. Where appropriate, replace those with models of supported decision-making, taking into account universal adult legal capacity without any form of discrimination."
- " States parties should aim to: (...) (d) Support and engage with representative organizations of persons with disabilities in political participation process at the national, regional and international levels, including by consulting with such organizations in matters that concern persons with disabilities directly."
- "In the light of these considerations, the Assembly calls on Council of Europe member and observer States, and States whose parliaments enjoy observer or partner for democracy status with the Parliamentary Assembly to: (...) 7.2. with regard to legal capacity: 7.2.1. delink the right to vote from legal capacity and full guardianship and, recalling Assembly Resolution 2039 (2015), replace substitute decision-making mechanisms with supported decision-making mechanisms, in respect of their international commitments."
- "It is not acceptable to remove and/or limit the right to vote or to stand as a candidate on the basis of any type of disability, including intellectual or psychosocial disabilities."
- "Supported decision-making means that a person can receive the necessary assistance to adopt certain decisions in life, including when exercising the right to vote. Such mechanisms should replace the substituted decision-making ones, providing persons with disabilities with the necessary support to exercise their electoral and political rights without undue limitation."
- "Democracy requires the practice of dialogue at all levels, between citizens, between social partners, between political parties, and between the State and civil society. Democracy implies participation by citizens in political life and allows them to exercise their right of control."
- "We, Ministers and Heads of Delegation of the States and Governments of Countries using French as a common language, (…) 4 - Undertake the following commitments: (…) C. For a peaceful political life (...) 17. To recognize the role and facilitate the constant involvement of civil society, including non-governmental organizations, the media and traditional moral authorities, enabling them, in the public interest, to make their contribution to a balanced political life."
- "Every person with a disability has the right to participate in political and public life. "
- "To ensure consistency between articles 5 and 12 of the Convention, States parties should: (a) Reform existing legislation to prohibit discriminatory denial of legal capacity, premised on status-based, functional or outcome-based models. Where appropriate, replace those with models of supported decision-making, taking into account universal adult legal capacity without any form of discrimination."
- " States parties should aim to: (...) (d) Support and engage with representative organizations of persons with disabilities in political participation process at the national, regional and international levels, including by consulting with such organizations in matters that concern persons with disabilities directly."
- "In the light of these considerations, the Assembly calls on Council of Europe member and observer States, and States whose parliaments enjoy observer or partner for democracy status with the Parliamentary Assembly to: (...) 7.2. with regard to legal capacity: 7.2.1. delink the right to vote from legal capacity and full guardianship and, recalling Assembly Resolution 2039 (2015), replace substitute decision-making mechanisms with supported decision-making mechanisms, in respect of their international commitments."
- "It is not acceptable to remove and/or limit the right to vote or to stand as a candidate on the basis of any type of disability, including intellectual or psychosocial disabilities."
- "Supported decision-making means that a person can receive the necessary assistance to adopt certain decisions in life, including when exercising the right to vote. Such mechanisms should replace the substituted decision-making ones, providing persons with disabilities with the necessary support to exercise their electoral and political rights without undue limitation."
- "The CRPD Committee has consequently been very clear that the treaty does not permit the removal of legal capacity based on mental or intellectual disability. It is clear that neither general nor individualized court decisions are acceptable bases for the removal of suffrage rights. In 2011, in Bujdosó and five others v. Hungary, the Committee heard a case in which persons with intellectual disability were placed under partial or full guardianship and their names automatically removed from the electoral register. The Committee found that the “exclusion of the right to vote on the basis of a perceived, or actual psychosocial or intellectual disability, including a restriction pursuant to an individualized assessment, constitutes discrimination on the basis of disability”."
- "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."
- "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."
- "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."
- "While not all aspects of NVT can be directly observed, there are a number of activities that can be observed and which should be open to observers. These include not only the activities of election administrators and vendors in deploying, setting up and modifying the system, but also the activities of certification, testing and audit authorities."
- "The gradual introduction of NVT through a period of small, regionally limited pilot projects that include testing and gradually extend NVT use over several elections can serve to identify and correct problems and may help build public confidence in the technology."
- "Furthermore, decisions to use NVT should not be made immediately applicable to the next elections, in order to allow time for feasibility studies, procurement, planning, testing, evaluation, certification, voter education, public confidence building and implementation."
- "The technology itself should be thoroughly tested prior to election day, but testing should also be conducted on the interaction of voters, election officials and observers with the technology."
- "Certification requirements or criteria should exist prior to the introduction of the NVT, rather than being tailored to match the NVT system. These requirements should be public and in accordance with relevant national legal provisions and international standards."
- "Although a government has the flexibility in determining the structure of the legal framework, the primary instrument in the field of elections must be a written law, as opposed to custom or a collection of administrative policies. As the instrument of choice, written law provides the benefits of equity, certainty, visibility and transparency, and makes the matter subject to judicial interpretation and review, as well as open to recourse by citizens."
- "Electoral legislation should be published and readily available to the public."
- "Ideally, the legal framework should ensure that people or institutions establishing the boundaries of constituencies are neutral, independent and impartial. The legal framework needs to also provide for maximum public input and participation in the process."
- "Observers should be given unimpeded access to all levels of election administration at all times, effective access to other public offices with relevance to the election process, and the ability to meet with all political formations, the media, civil society and voters. The law should provide clear and precise provisions establishing the rights of observers to inspect documents, attend meetings and observe election activities at all levels, as well as to obtain copies of decisions, protocols, tabulations, minutes and other electoral documents, at all levels."
- "A vibrant and free civic space with channels for safe and effective participation enables societies to be more peaceful and prosperous. The right to participate in the conduct of public affairs, protected and guaranteed by international law, is a cornerstone of civic space."
- "With regard to the promotion of civic space, international human rights imply a State obligation to support institutional, legal and policy frameworks that enable effective and safe civil society participation in national decision-making processes and access to information."
- "Ongoing policy monitoring is crucial to assess the performance of systems and processes and to adapt them as needed. It is important that consultations and monitoring be broadly based and not confined to habitual partners. Integrating new civil society organizations or grass-roots networks, irrespective of whether they are formally registered, can energize such processes."
- "Member States should: (…) f. ensure timely and transparent public consultations in policy development and draft legislation, especially where it may affect civil society."
- "The Assembly calls on all member States to: (...) 10.5. ensure that NGOs are effectively involved in the consultation process concerning new legislation which concerns them and other issues of particular importance to society, such as the protection of human rights."