568 Results
Quotes
Quotes based on international documents, law, and treaties- "Disputes relating to the electoral registers, which are the responsibility, for example, of the local administration operating under the supervision of or in co-operation with the electoral commissions, can be dealt with by courts of first instance. "
- "Standing in such appeals must be granted as widely as possible. It must be open to every elector in the constituency and to every candidate standing for election there to lodge an appeal. A reasonable quorum may, however, be imposed for appeals by voters on the results of elections. "
- "The Court considers that the lack of clarity of the electoral law as regards national minorities and the lack of sufficient guarantees as to the impartiality of the bodies responsible for examining the applicant’s challenges impaired the very essence of the rights guaranteed by Article 3 of Protocol No. 1. "
- "The exceptions set out in Article 11 are to be construed strictly; only convincing and compelling reasons can justify restrictions on freedom of association. In determining whether a necessity within the meaning of Article 11 § 2 exists, the States have only a limited margin of appreciation, which goes hand in hand with rigorous European supervision embracing both the law and the decisions applying it, including those given by independent courts (see, for example, Sidiropoulos and Others, cited above, § 40). That is especially so in relation to political parties in view of their essential role in “a democratic society” (see, for example, United Communist Party of Turkey and Others, cited above §§ 25, 43 and 46). "
- "The Court has had frequent occasion to highlight the importance of democratic principles underlying the interpretation and application of the Convention (see, among other authorities, United Communist Party of Turkey and Others v. Turkey, judgment of 30 January 1998, Reports of Judgments and Decisions 1998-I, pp. 21-22, § 45), and it would take this opportunity to emphasise that the rights guaranteed under Article 3 of Protocol No. 1 are crucial to establishing and maintaining the foundations of an effective and meaningful democracy governed by the rule of law (see also the importance of these rights as recognised internationally in “Relevant international materials”, paragraphs 26-39 above). "
- "The Court has consistently highlighted the importance of the democratic principles underlying the interpretation and application of the Convention and emphasised that the rights guaranteed under Article 3 of Protocol No. 1 are crucial to establishing and maintaining the foundations of an effective and meaningful democracy governed by the rule of law (see Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, § 58, ECHR 2005-IX). Nonetheless, those rights are not absolute. There is room for “implied limitations”, and Contracting States are given a margin of appreciation in this sphere (see Matthews v. the United Kingdom [GC], no. 24833/94, § 63, ECHR 1999-I; Labita v. Italy [GC], no. 26772/95, § 201, ECHR 2000-IV; and Podkolzina v. Latvia, no. 46726/99, § 33, ECHR 2002-II). The margin of appreciation is also wide as regards the choice of electoral system (see Mathieu-Mohin and Clerfayt, cited above, § 54). 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 Hirst (no. 2), cited above, § 61). "
- "For the purposes of applying Article 3 of Protocol No. 1, any electoral legislation must be assessed in the light of the political evolution of the country concerned, so that features that would be unacceptable in the context of one system may be justified in the context of another, at least so long as the chosen system provides for conditions which will ensure the “free expression of the opinion of the people in the choice of the legislature” (see Yumak and Sadak v. Turkey [GC], no. 10226/03, § 111, ECHR 2008). Furthermore, since the Convention is first and foremost a system for the protection of human rights, the Court must have regard to the changing conditions within the respondent State and within Contracting States generally and respond, for example, to any emerging consensus as to the standards to be achieved (see, mutatis mutandis, Glor v. Switzerland, no. 13444/04, § 75, ECHR 2009). "
- "Article 3 of Protocol No. 1 is phrased differently from the other provisions of the Convention and its Protocols – in terms of the obligation of the High Contracting Parties, rather than guaranteeing a specific right or freedom (see paragraph 34 above). Unlike other provisions of the Convention, such as Article 5, Articles 8 to 11, or Article 1 of Protocol No. 1, the text of this provision does not contain an express reference to the “lawfulness” of any measures taken by the State. However, the rule of law, one of the fundamental principles of a democratic society, is inherent in all the Articles of the Convention and its Protocols (see, among many other authorities, Amuur v. France, 25 June 1996, § 50, Reports of Judgments and Decisions 1996-III). This principle entails a duty on the part of the State to put in place a legislative framework for securing its obligations under the Convention in general and Article 3 of Protocol No. 1 in particular, and to ensure that its public officials charged with executing those obligations do not act outside the law, but exercise their powers in accordance with the applicable legal rules. "
- "The rights guaranteed under Article 3 of Protocol No. 1 are crucial to establishing and maintaining the foundations of an effective and meaningful democracy governed by the rule of law. Nonetheless, those rights are not absolute. There is room for “implied limitations”, and Contracting States must be given a margin of appreciation in this sphere. In this field, Contracting States enjoy a wide margin of appreciation, provided that they ensure equality of treatment for all citizens. It does not follow, however, that all votes must necessarily have equal weight as regards the outcome of the election or that all candidates must have equal chances of victory. Thus no electoral system can eliminate “wasted votes” (see Mathieu-Mohin and Clerfayt, cited above, § 54). "
- "The object and purpose of the Convention, which is an instrument for the protection of human rights, requires its provisions to be interpreted and applied in such a way as to make their stipulations not theoretical or illusory but practical and effective (see, for example, United Communist Party of Turkey and Others v. Turkey, 30 January 1998, Reports of Judgments and Decisions 1998-I, § 33, and Chassagnou and Others v. France [GC], nos. 25088/94, 28331/95 and 28443/95, § 100, ECHR 1999-III). "
- "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 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. "
- "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; "
- "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)."
- "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. "
- "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."
- "Campaign finance rules should ensure equality of opportunity for parties and candidates alike. Special measures may be incorporated to encourage more balanced participation of underrepresented groups, such as women, national minorities or persons with disabilities."
- "While it is important to respect the free internal functioning of parties with regard to candidate selection and platform choices, public campaign financing may be used as a means to encourage more balanced participation of men and women as candidates."
- "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: (…) B. For the holding of free, fair and transparent elections (...) 9. To guarantee the full participation of citizens in the vote, as well as equal treatment of candidates during the entire electoral process."
- "Every person with a disability has the right to participate in political and public life. "
- "State Parties shall take all appropriate policy, legislative and other measures to ensure this right (to participate in political and public life), on the basis of equality, including through: (…) e) Repealing or amending laws that on the basis of disability restrict the right of persons with disabilities to vote, stand for or remain in public office. "
- "The human rights model of disability recognizes that disability is a social construct and impairments must not be taken as a legitimate ground for the denial or restriction of human rights."
- "Persons with disabilities have the right to be effectively protected and to positively engage. The law itself shall guarantee the substantive equality of all those within a given jurisdiction. Thus, the recognition that all persons with disabilities are equal under the law means that there should be no laws that allow for specific denial, restriction or limitation of the rights of persons with disabilities, and that disability should be mainstreamed in all legislation and policies."
- "Reasonable accommodation duties are different from accessibility duties. Both aim to guarantee accessibility, but the duty to provide accessibility through universal design or assistive technologies is an ex ante duty, whereas the duty to provide reasonable accommodation is an ex nunc duty."
- "As an ex ante duty, accessibility must be built into systems and processes without regard to the need of a particular person with a disability, for example, to have access to a building, a service or a product, on an equal basis with others. States parties must set accessibility standards that are developed and adopted in consultation with organizations of persons with disabilities, consistent with article 4 (3) of the Convention. The duty of accessibility is a proactive, systemic duty."
- "As an ex nunc duty, reasonable accommodation must be provided from the moment that a person with a disability requires access to non-accessible situations or environments, or wants to exercise his or her rights. (…) It is important to note that the duty to provide reasonable accommodation is not limited to situations in which the person with a disability has asked for an accommodation or in which it could be proved that the alleged duty bearer was actually aware that the person in question had a disability. It should also apply in situations where a potential duty bearer should have realized that the person in question had a disability that might require accommodations to address barriers to exercising rights."
- "The duty to provide reasonable accommodation in accordance with articles 2 and 5 of the Convention can be broken down into two constituent parts. The first part imposes a positive legal obligation to provide a reasonable accommodation which is a modification or adjustment that is necessary and appropriate where it is required in a particular case to ensure that a person with a disability can enjoy or exercise her or his rights. The second part of this duty ensures that those required accommodations do not impose a disproportionate or undue burden on the duty bearer."
- "Because the gradual realization of accessibility in the built environment, public transportation and information and communication services may take time, reasonable accommodation may be used as a means to provide access to an individual in the meantime, as it is an immediate duty."
- "States parties should aim to: (…) (c) Provide reasonable accommodation to individual persons with disabilities and support measures based on the individual requirements of persons with disabilities to participate in political and public life."
- "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: (…) 7.6. with regard to active participation in elections: (…) 7.6.2. consider the establishment of quotas for the participation of persons with disabilities in parliamentary and local elections, with a view to increasing participation and representation."
- "Campaign finance rules should ensure equality of opportunity for parties and candidates alike. Special measures may be incorporated to encourage more balanced participation of underrepresented groups, such as women, national minorities or persons with disabilities."
- "While it is important to respect the free internal functioning of parties with regard to candidate selection and platform choices, public campaign financing may be used as a means to encourage more balanced participation of men and women as candidates."
- "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: (…) B. For the holding of free, fair and transparent elections (...) 9. To guarantee the full participation of citizens in the vote, as well as equal treatment of candidates during the entire electoral process."
- "Every person with a disability has the right to participate in political and public life. "
- "State Parties shall take all appropriate policy, legislative and other measures to ensure this right (to participate in political and public life), on the basis of equality, including through: (…) e) Repealing or amending laws that on the basis of disability restrict the right of persons with disabilities to vote, stand for or remain in public office. "
- "The human rights model of disability recognizes that disability is a social construct and impairments must not be taken as a legitimate ground for the denial or restriction of human rights."
- "Persons with disabilities have the right to be effectively protected and to positively engage. The law itself shall guarantee the substantive equality of all those within a given jurisdiction. Thus, the recognition that all persons with disabilities are equal under the law means that there should be no laws that allow for specific denial, restriction or limitation of the rights of persons with disabilities, and that disability should be mainstreamed in all legislation and policies."
- "Reasonable accommodation duties are different from accessibility duties. Both aim to guarantee accessibility, but the duty to provide accessibility through universal design or assistive technologies is an ex ante duty, whereas the duty to provide reasonable accommodation is an ex nunc duty."
- "As an ex ante duty, accessibility must be built into systems and processes without regard to the need of a particular person with a disability, for example, to have access to a building, a service or a product, on an equal basis with others. States parties must set accessibility standards that are developed and adopted in consultation with organizations of persons with disabilities, consistent with article 4 (3) of the Convention. The duty of accessibility is a proactive, systemic duty."
- "As an ex nunc duty, reasonable accommodation must be provided from the moment that a person with a disability requires access to non-accessible situations or environments, or wants to exercise his or her rights. (…) It is important to note that the duty to provide reasonable accommodation is not limited to situations in which the person with a disability has asked for an accommodation or in which it could be proved that the alleged duty bearer was actually aware that the person in question had a disability. It should also apply in situations where a potential duty bearer should have realized that the person in question had a disability that might require accommodations to address barriers to exercising rights."
- "The duty to provide reasonable accommodation in accordance with articles 2 and 5 of the Convention can be broken down into two constituent parts. The first part imposes a positive legal obligation to provide a reasonable accommodation which is a modification or adjustment that is necessary and appropriate where it is required in a particular case to ensure that a person with a disability can enjoy or exercise her or his rights. The second part of this duty ensures that those required accommodations do not impose a disproportionate or undue burden on the duty bearer."
- "Because the gradual realization of accessibility in the built environment, public transportation and information and communication services may take time, reasonable accommodation may be used as a means to provide access to an individual in the meantime, as it is an immediate duty."
- "States parties should aim to: (…) (c) Provide reasonable accommodation to individual persons with disabilities and support measures based on the individual requirements of persons with disabilities to participate in political and public life."
- "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: (…) 7.6. with regard to active participation in elections: (…) 7.6.2. consider the establishment of quotas for the participation of persons with disabilities in parliamentary and local elections, with a view to increasing participation and representation."