811 Results
Quotes
Quotes based on international documents, law, and treaties- "The Court reiterates, having regard to the parties’ submissions which are summarised above, in paragraphs 60 et seq. and 72 et seq., that “the scope of the Contracting States’ obligations under Article 13 varies depending on the nature of the applicant’s complaint; ... the remedy must be effective in practice as well as in law in the sense either of preventing the alleged violation or remedying the impugned state of affairs, or of providing adequate redress for any violation that has already occurred” (see Petkov and Others v. Bulgaria, nos. 77568/01, 178/02 and 505/02, § 74, 11 June 2009). The Court also reiterates that “although no single remedy may itself entirely satisfy the requirements of Article 13, the aggregate of remedies provided for under domestic law may do so” (see Kudła v. Poland [GC], no. 30210/96, § 157, ECHR 2000‑XI). "
- "The Court is mindful of the stance taken by the Venice Commission that “equality of opportunity” shall be guaranteed to all parties and candidates alike entailing a neutral attitude by state authorities, in particular with regard to the election campaign and coverage by the media (see paragraph 51 above). That being said, the Court observes that Article 3 of Protocol No. 1 was not conceived as a code on electoral matters, designed to regulate all aspects of the electoral process. 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 Ždanoka v. Latvia [GC], no. 58278/00, § 103, ECHR 2006‑IV). The States “enjoy considerable latitude to establish rules within their constitutional order governing parliamentary elections and the composition of the parliament, and ... the relevant criteria may vary according to the historical and political factors peculiar to each State” (see Aziz v. Cyprus, no. 69949/01, § 28, ECHR 2004‑V). "
- "While this margin of appreciation is wide, it is certainly not all-embracing: the rules governing the electoral system “should not be such as to exclude some persons or groups of persons from participating in the political life of the country and, in particular, in the choice of the legislature, a right guaranteed by both the Convention and the Constitutions of all Contracting States” (ibid.). It is for the Court to determine in the last resort whether the requirements of Article 3 of Protocol No. 1 have been complied with. It has to satisfy itself that the restrictions imposed do not thwart the free expression of the opinion of the people. "
- "According to the presentation on the opinions of the Inter-American Commission on Human Rights regarding specific situations related to the authenticity of the elections, the purpose is to achieve general conditions so that the electoral process offers every group that participates an equal opportunity. "
- "In its 1986-1987 Annual Report, also referring to Chile and the background analyzed in its 1985 Report, it was pointed out that: Also in light of previous experiences and in accordance with human rights norms, the Commission must point out that the exercise of the right to vote must be included in a context favoring the authenticity of elections in which the free expression of the will of the voters is ensured, as Article 23 of the American Convention on Human Rights states."
- "The Commission considers that the act of ratifying the American Convention presupposes acceptance of the obligation of not only respecting the observance of rights and freedoms recognized in it, but also guaranteeing their existence and the exercise of all of them. It is these elements of political rights presented in item 5 of this document that the State commits itself not only to respect but “guarantee their full and free exercise,” according to Article 1.1 of the Convention. It must be pointed out that the Inter-American Court of Human Rights in its Decision of July 29, 1988, in the case of Velásquez Rodríguez, has stated that Article 1.1 of the Convention: Article 1 (1) is essential in determining whether a violation of the human rights recognized by the Convention can be imputed to a State Party. In effect, that article charges the States Parties with the fundamental duty to respect and guarantee the rights recognized in the Convention. Any impairment of those rights which can be attributed under the rules of international law to the action or omission of any public authority constitutes an act imputable to the State, which assumes responsibility in the terms provided by the Convention. "
- "According to the Court, “this obligation implies the duty of the State party to organize all the state apparatus and, in general, all the structures through which the exercise of public power is manifested, in such a manner that they are able to legally insure the free and full exercise of human rights.” That is the basis of the obligation stipulated in Article 2 of the Convention for the adoption of measures of internal law to make those rights and liberties effective. Therefore, this carries with it the obligation of the state party to adapt its internal legislation when it suffers defects that prevent or hinder the full observance of the rights recognized by the Convention and, in this specific case, the rights protected by Article 23. "
- "The Court considers that, irrespective of whether or not the request was made outside the legal time frame for the registration of candidacies submitted by political parties, the decision of IFE not to accept the alleged victim’s request constituted, for the effects of this Court’s competence, an act enforcing the law, since this negative was based, first, on the provisions of Article 177 of the COFIPE concerning the legal time frames for the registration of candidacies and, second, on the provisions of Article 175 of COFIPE, concerning candidacies by means of political parties, and this authority had indicated the legal impossibility of accepting Mr. Castañeda Gutman’s request. This decision, based on the constitutional and legal provisions that regulate the matter, issued by the competent administrative authority hat ruled on the legal issue filed before it, with the specific and concrete effect of not allowing the registration of the candidacy, was the act enforcing the law, and was even considered as such by the domestic courts. "
- "Article 25(1) of the Convention establishes, in general terms, the obligation of the States to guarantee an effective judicial remedy against acts that violate fundamental rights. When interpreting the text of Article 25 of the Convention, the Court has stated that the State’s obligation to provide a judicial remedy is not limited to the mere existence of the courts or the formal procedures, or even to the possibility of resorting to the courts, but that the remedies must be effective; in other words, they must provide the person with the real possibility of filing a remedy, in the terms of that provision. The existence of this guarantee “constitutes one of the basic pillars, not only of the American Convention, but also of the rule of law in a democratic society pursuant to the Convention.” Thus, in accordance with Article 25(2)(b) of the Convention, the States undertake to develop the possibilities of the judicial remedy. "
- "The State’s general obligation to adapt its domestic laws to the provisions of the Convention in order to guarantee the rights it embodies, which is established in Article 2, includes issuing norms and developing practices that lead to the effective observance of the rights and freedoms embodied in the Convention, as well as adopting measures to eliminate norms and practices of any nature that entail a violation of the guarantees established therein. "
- "The Court observes that, in order to prove the alleged violation of Article 25 of the Convention, both the Commission and the representatives indicated the lack of a simple, prompt and effective remedy for the alleged victim to claim the protection of his constitutional rights. In this regard, the Court considers, as do the Commission and the State, that the application for amparo filed by the alleged victim was not the appropriate remedy in this case, since it was inadmissible in relation to electoral matters. "
- "The Court finds that it is not inherently incompatible with the Convention that a State limits the application for amparo to specific matters, provided that it offers another remedy of a similar nature and equal scope for those rights that cannot be heard by the courts using the amparo proceeding. This is particularly relevant as regards political rights, which are human rights of such importance that the American Convention prohibits their suspension, and also of the judicial rights that are essential to protect them (infra para. 140). "
- "Despite the above, the Court considers it pertinent to refer to the Inter-American Commission’s argument that, over and above the fact that the application for amparo was not the appropriate remedy, because electoral matters fell outside its sphere of competence, “effectiveness implies that the judicial body has assessed the merits of the complaint.” In this regard, the Court has established that “the competent authority’s examination of a judicial remedy […] cannot be limited to a mere formality, but must examine the reasons invoked by the complainant and specifically express an opinion on them, according to the parameters established by the American Convention. In other words, it is a minimum guarantee for anyone who files a remedy that the grounds for the ruling deciding it are stated; otherwise the ruling will violate the guarantee of due process. "
- "For the Court, the requirement that the decision should be founded is not the same as an analysis of the merits of the matter, since this examination is not essential to determine the effectiveness of the remedy. The existence and application of conditions for the admissibility of a remedy is compatible with the American Convention, and the effectiveness of the remedy implies that, when these conditions are complied with, the judicial organ may assess its merits. "
- "The Court considers that the meaning of the protection granted by Article 25 of the Convention is the real possibility of access to a judicial remedy so that the competent authority, with jurisdiction to issue a binding decision, determines whether there has been a violation of a right claimed by the person filing the action, and that the remedy is useful to restitute to the interested party the enjoyment of his right and to repair it, if it finds there has been a violation. Indeed, it would be unreasonable to establish this judicial guarantee if the plaintiffs were obliged to know beforehand whether the judicial organ would consider that their situation was protected by a specific right. "
- "Based on the above, and irrespective of whether the judicial authority declares the claim of the persons who files a remedy to be unfounded, because it is not covered by the norm invoked or should it find that there has not been a violation of the right alleged to have been violated, the State is obliged to provide effective remedies that allow individuals to challenge those acts of authority which they consider violate their human rights established in the Convention, the Constitution and the law. Indeed, Article 25 of the American Convention establishes the right to the judicial protection of the rights embodied in the Convention, the Constitution or the law, and it can be violated irrespective of whether or not there has been a violation of the right claimed or that the situation on which it was based fell within the sphere of application of the right invoked. This is because, like Article 8, “Article 25 of the Convention also embodies the right of access to justice. "
- "The Convention establishes that a person subject to the jurisdiction of the State must have access “to a simple and prompt recourse, or any other effective recourse to a competent court or tribunal for protection against acts that violate his fundamental rights.” The Court considers that, in the instant case, the dispute between the parties is limited to two of the said characteristics related to the effectiveness of the recourse: (a) whether the alleged victim had access to a recourse, and (b) whether the competent court had the necessary powers to restore the enjoyment of his rights to the alleged victim, if it found that those rights had been violated. The Court will refer to the first of these characteristics as the “accessibility of the recourse” and to the second as the “effectiveness of the recourse. "
- "An effective judicial remedy is one, which can produce the result for which it was conceived; in other words, the remedy must be capable of leading to an analysis by the competent court to establish whether there has been a human rights violation and of providing reparation. "
- "Political rights are human rights of fundamental importance within the inter-American system and they are closely related to other rights embodied in the American Convention, such as freedom of expression, and freedom of association and assembly; together, they make democracy possible. The Court underscores the importance of political rights and recalls that Article 27 of the American Convention prohibits their suspension and establishes the judicial guarantees essential for their protection. "
- "The Court considers that the effective exercise of political rights constitutes an end in itself and also a fundamental means that democratic societies possess to guarantee the other human rights established in the Convention. "
- "Article 23 contains various norms that refer to the rights of the individual as a citizen; that is, as titleholder of the decision-making process in public matters, in his capacity as a voter by means of his vote, or as a public servant; in other words, to be elected by the people or by appointment or designation to occupy a public office. In addition to possessing the particularity of dealing with rights recognized to the citizen, as distinct from almost all the other rights established in the Convention that are recognized to every person, Article 23 of the Convention not only establishes that its titleholders must enjoy rights, but adds the word “opportunities.” The latter implies the obligation to guarantee with positive measures that every person who is formally the titleholder of political rights has the real opportunity to exercise them. As the Court has previously indicated, it is essential that the State create optimum conditions and mechanisms to ensure that political rights can be exercised effectively, respecting the principle of equality and non-discrimination. "
- "Citizens have the right to play an active role in the conduct of public affairs directly through referenda, plebiscites or consultations or through freely elected representatives. The right to vote is an essential element for the existence of a democracy and a way in which citizens freely express their wishes and exercise the right to participate in government. This right implies that citizens can decide directly and elect freely, in conditions of equality, those who will represent them in decision-making in public affairs. "
- "Political participation by exercising the right to be elected supposes that citizens can postulate themselves as candidates in conditions of equality and that they can occupy public office subject to election if they are able to achieve the necessary number of votes. "
- "Article 23(2) of the American Convention establishes that the law may regulate the exercise and opportunities of such rights only on the basis of “age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.” The provision that limits the reasons for which it is possible to restrict the use of the rights of paragraph 1 has only one purpose – in light of the Convention as a whole and of its essential principles – to avoid the possibility of discrimination against individuals in the exercise of their political rights. It is evident that the inclusion of these reasons refers to the enabling conditions that the law can impose to exercise political rights. Restrictions based on these criteria are common in national electoral laws, which provide for the establishment of the minimum age to vote and to be elected, and some connection to the electoral district where the right is exercised, among other regulations. Provided that they are not disproportionate or unreasonable, these are limits that the States may legitimately establish to regulate the exercise and enjoyment of political rights and that, it should be repeated, they refer to certain requirements that the titleholders of political rights must comply with so as to be able to exercise them. "
- "This positive obligation consists in designing a system that allows representatives to be elected to conduct public affairs. Indeed, for political rights to be exercised, the law must establish regulations that go beyond those related to certain State limitations to restrict those rights, established in Article 23(2). The States must organize their electoral systems and establish a complex number of conditions and formalities to make it possible to exercise the right to vote and to be elected. "
- "Consequently, the State not only has the general obligation established in Article 1 to ensure the enjoyment of the rights, but has specific guidelines to comply with its obligation. The electoral system that the States establish in accordance with the American Convention should make it possible to hold genuine periodic elections, by universal and equal suffrage, and by secret ballot that guarantee the free expression of the will of the voters. Hence, this gives the State a specific mandate in relation to the mechanisms that it should choose to comply with its general obligation “to ensure” the enjoyment of the rights established in Article 1 of the Convention, compliance that, as Article 1(1) states in general, should not be discriminatory. "
- "The Court finds it necessary to indicate that, in general, international law does not impose a specific electoral system or a specific means of exercising the rights to vote and to be elected. This is clear from the norms that regulate political rights in both the universal and the regional sphere, and from the authorized interpretations made by their organs of application. "
- "In the sphere of political rights the guarantee obligation is especially relevant and is implemented, among other mechanisms, by the establishment of the organizational and institutional aspects of the electoral processes, and by the enactment of norms and the adoption of different types of measures to implement the rights and opportunities recognized in Article 23 of the Convention. In the absence of this action by the State, the right to vote and to be elected could simply not be exercised. The political and other rights established in the Convention, such as the right to judicial protection, are rights that “cannot be merely by virtue of the provisions that embody them, because they are, by their very nature, ineffectual without a detailed normative regulation, and even without a complex institutional, economic and human apparatus that endows them with the effectiveness they claim, as rights under the Convention[…]; if there were no electoral codes or law, electors’ lists, political parties, propaganda media and mobilization, polling stations, electoral boards, dates and times for exercising the vote, the right could simply not be exercised, due to its very nature; similarly, the right to judicial protection cannot be exercised unless there are courts that grant this right, and procedural norms that discipline it and make it possible. "
- "The Inter-American system also does not impose a specific electoral system or a specific means of exercising the rights to vote and to be elected. The American Convention establishes general guidelines that determine a minimum content of political rights and allows the States to regulate those rights, within the parameters established in the Convention, according to their historical, political, social and cultural needs, which may vary from one country to another and even within one country, at different historical moments. "
- "With the exception of some rights that cannot be restricted in any circumstance, such as the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, human rights are not absolute. As the Court has established previously, the establishment and application of requirements to exercise political rights is not, per se, an undue restriction of political rights. However, the power of the States to regulate or restrict rights is not discretional, but is limited by international law, which requires compliance with certain obligations that, if they are not respected, make the restriction unlawful and contrary to the American Convention. As established in Article 29(a) in fine of this instrument, no provision of the Convention shall be interpreted as restricting them to a greater extent than is provided for therein. "
- "Regarding whether the measure was adapted to achieving the legitimate objective sought, based on the above the Court finds that, in the instant case, the exclusivity of nomination by political parties to elected office at the federal level is an appropriate measure to produce the legitimate result sought of organizing the electoral processes efficiently in order to hold genuine periodic elections, by universal and equal suffrage and by secret vote that guarantee the free expression of the will of the voters, as established by the American Convention. "
- "The Court has stated that it cannot be considered that every difference in treatment, in itself, violates human dignity. The Court has also distinguished between distinctions and discriminations, so that the former are differences that are compatible with the American Convention because they are reasonable, proportionate and objective, while the latter are arbitrary differences that lead to the detriment of human rights. "
- "The Court finds that local and federal elections cannot be compared, so that it is not possible to conclude that the differences in the way they are organized are discriminatory and violate the right to equality before the law, established in Article 24 of the American Convention. "
- "In order to make electoral laws and election materials accessible for all citizens it is important that these public documents [electoral laws] are published in all officially recognised and protected minority languages. "
- "It is very important that the duties and responsibilities of each body are clearly determined by the electoral law. Sometimes, however, provisions regarding responsibilities of election commissions are vague, and the relationship between the different level of electoral commissions is not sufficiently specified. "
- "Universal franchise is a key element of modern democracies. It is important that the right to vote and the process of voter registration are not unreasonably restricted on the basis of race, gender, religion, ethnic origin, past or present political affiliation, language, literacy, property or registration fees. However, the right to vote, may be subject to a number of reasonable conditions, the most usual being age, citizenship and residency. Furthermore, there might be provisions for clauses suspending political rights due to lawful detention, criminal convictions or mental incapacity. "
- "As with the right to vote, the right to stand for elections is universal, and can not be limited for reasons of e.g. race, gender, language, religion, ethnic origin, political affiliation, or economic status. Internationally accepted restrictions may include a minimum age that is higher than the voting age, citizenship and a residency requirement for a certain period of time before elections. Furthermore, the obligation to collect a specific number of signatures or to pay a small deposit are considered as being generally compatible with the universal right to stand for elections. There might also be provisions for clauses suspending political rights (lawful detention, mental incapacity etc.). "
- "As for the pre-election period, the basic idea is that the political parties and candidates should act on a “level playing field”. According to Code of Good Practice in Electoral Matters, equality of opportunities should be ensured between different parties and candidates, at least as far as possible. It should prompt the state to be impartial towards parties and candidates and to uniformly apply the same law to all. This neutrality requirement applies to the electoral campaign and coverage by the media, especially the state media, as well as to public funding of parties and campaigns where relevant. Furthermore, it is important that political campaigning is conducted in an environment that assures freedom of movement, expression, association, and assembly. These freedoms must be safeguarded to allow political organising and campaigning, and to inform citizens about the parties, candidates and issues. The parties and candidates must have the freedom to convey their programmes and political positions to the voters throughout the country. "
- "As far as public funding is concerned, the principle of equal opportunities is of utmost importance. In general, there is a consensus on this principle of equal opportunities. Since money is involved, however, there are sometimes political conflicts about the interpretation of the principle. In may be applied in either a strict sense (equal treatment) or in a proportional sense (according to the strength in parliament or among the electorate). Thus, it is quite a challenge to find a generally accepted formula in the respective country. Relevant rules should be included in the law. "
- "As for the private media, one issue should be singled out here: While it is commonly agreed that parties and candidates should have direct access to state-owned media, there is, for example, some debate whether also private media can be obliged to include political advertisements of all electoral contestants. The Code of Good Practice in Electoral Matters emphasises that, in conformity with freedom of expression, legal provision should be made to ensure that there is a minimum access to privately owned audiovisual media with regard to the election campaign and to advertising for all participants in elections. "
- "Irrespective of the details of regulation, in quite a substantial number of countries, public and private media were found to have breached the rules on equal access, according to observer reports. Moreover, even a fixed amount of free television and radio airtime for contestants might not be sufficient to address strongly unbalanced campaign coverage in regular news programmes. Therefore, media behaviour should be carefully monitored and, if breaches of the law occur, be adequately sanctioned. "
- "Furthermore, it is commonly agreed that policy and security forces should not routinely be inside (or even outside) the polling station, as this may have an intimidating effect on voters, especially in countries with a rather poor democratic tradition or in (post-)conflict situations. As a rule, the police should only be allowed to enter the polling station when asked by the chairman of the respective electoral commission to secure order. Of course, it should only be called when the situation could otherwise get out of control. "
- "After being issued a ballot paper, voters usually are directed to a vacant voting booth in order to mark the ballot. Naturally, it is quite helpful if voters are familiarised with voting procedures. Voter education programmes and clear voting instructions in the polling stations are necessary, particularly if ballot structures and voting systems are complicated. "
- "As mentioned, the lack of special voting procedures, i.e. absentee voting, may disenfranchise a substantial part of the voters who are not able to vote in their respective polling station on election day. With absentee voting, voters are able to vote at a place other than the polling station at which they are included in the voters’ list. There is a wide variety of absentee voting procedures in operation throughout Europe. Some countries allow voting in advance of election day (early voting), others do not. Regulations differ, furthermore, with regard to the place where absentee voting is conducted (special or regular polling stations; only in the voter’s district or in any district; inside and/or outside the country) and the way it is done (by attending a polling station or by mail, proxies or mobile boxes). "
- "Complaint and appeals procedures must be open at least to each voter, candidate, and party. A reasonable quorum may, however, be imposed for appeals by voters on the results of election (CDL-AD(2002)023rev, para. 99). In order to comply with international standards, the complaint and appeals procedures should clearly provide the following rights for voters, candidates, and political parties: The rights to file a complaint, to present evidence in support of the complaint, to a public and fair hearing on the complaint, to an impartial and transparent proceedings on the complaint, to an effective and speedy remedy, as well as to appeal an appellate court if a remedy is denied (see for example CDLAD(2004)027, para. 111). In practice, however, these rights are not always respected. At times, even credible complaints are left without any legal redress. "
- "There is broad agreement that women’s representation should be increased in democratic institutions. The electoral system may affect the structure of opportunities for women’s representation. There is some empirical evidence, for example, that women are generally better represented under proportional representation list systems than, for example, in plurality or majority systems in single-member constituencies. Usually closed lists are preferable to open list voting systems. "
- "There might be gender quotas for the composition of or the candidacies for Parliament. According to the Code of Good Practice in Electoral Matters, legal rules requiring a minimum percentage of persons of each gender among candidates should not be considered as contrary to the principle of equal suffrage (CDL-AD(2002)023rev, I.2.5). "
- "Sometimes there also strong demands for a better representation of national minorities in Parliament. In such cases, the electoral systems may facilitate the minority representation, for example, by the use of proportional representation systems in nation-wide or in large multi-member constituencies (without a high threshold of representation). But also PR list systems in small multi-member districts or even plurality/majority systems in single-member constituencies may ensure minority representation if the minorities are territorially concentrated. Also, the candidacy and voting form, among other things, may have an influence on minority representation. In some countries (e.g. Poland and Germany), there are “threshold exemptions” for candidates lists or parties presenting national minorities (see CDL-AD(2005)009, paras 35, 49) "
- "Three types of suffrage are available in democratic systems: direct universal suffrage, indirect universal suffrage and multi-tiered elections. - direct universal suffrage: namely “where every citizen, except those who are excluded by law, can directly participate in the vote” and elect his or her representatives without the involvement of intermediaires. This type of vote is employed in practically all democracies for the purposes of electing representatives to lower chambers. - indirect universal suffrage: elected representatives are chosen by leading citizens, who may themselves be elected representatives. However, unlike electoral colleges, the leading citizens in question are not chosen for that purpose. - Multi-tiered elections: representatives are chosen by electoral colleges chosen for that purpose. Nowadays this type of suffrage is no longer used to elect representatives to lower chambers, but the President of the United States is elected by a system of electoral colleges. "
- "Universal suffrage means in principle that all human beings have the right to vote. This right may, however, and indeed should, be subject to certain conditions: a. Age: the right to vote must be subject to a minimum age but must be acquired, at the latest, at the age of majority. "