799 Results
Quotes
Quotes based on international documents, law, and treaties- "The electoral law should contain an article requiring the authorities (at every level) to meet the demands and needs of the electoral commission. Various ministries and other public administrative bodies, mayors and town hall staff may be directed to support the election administration by carrying out the administrative and logistical operations of preparing for and conducting the elections. They may have responsibility for preparing and distributing the electoral registers, ballot papers, ballot boxes, official stamps and other required material, as well as determining the arrangements for storage, distribution and security."
- "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. "
- "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"
- "If the electoral law provisions are to be more than just words on a page, failure to comply with the electoral law must be open to challenge before an appeal body. This applies in particular to the election results: individual citizens may challenge them on the grounds of irregularities in the voting procedures. It also applies to decisions taken before the elections, especially in connection with the right to vote, electoral registers and standing for election, the validity of candidatures, compliance with the rules governing the electoral campaign and access to the media or to party funding. "
- "There are two possible solutions: - appeals may be heard by the ordinary courts, a special court or the constitutional court; - appeals may be heard by an electoral commission. There is much to be said for this latter system in that the commissions are highly specialised whereas the courts tend to be less experienced with regard to electoral issues. As a precautionary measure, however, it is desirable that there should be some form of judicial supervision in place, making the higher commission the first appeal level and the competent court the second. "
- "Appeal proceedings should be as brief as possible, in any case concerning decisions to be taken before the election. On this point, two pitfalls must be avoided: first, that appeal proceedings retard the electoral process, and second, that, due to their lack of suspensive effect, decisions on appeals which could have been taken before, are taken after the elections. In addition, decisions on the results of elections must also not take too long, especially where the political climate is tense. This means both that the time limits for appeals must be very short and that the appeal body must make its ruling as quickly as possible. Time limits must, however, be long enough to make an appeal possible, to guarantee the exercise of rights of defence and a reflected decision. A time limit of three to five days at first instance (both for lodging appeals and making rulings) seems reasonable for decisions to be taken before the elections. It is, however, permissible to grant a little more time to Supreme and Constitutional Courts for their rulings. "
- "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. "
- "Referring to the applicant party’s argument that the sudden change in the registration system was unexpected for voters, the Court considers that, as a matter of policy, it would indeed be preferable to maintain the stability of electoral law (see also the Venice Commission’s recommendation in this respect, paragraph 47 above). Fundamental electoral rules, such as those concerning voter registration, should not normally be amended too often and especially on the eve of an election, otherwise the State risks undermining respect for and confidence in the existence of the guarantees of a free election. "
- "It is to be recalled that, 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 (see, among other authorities, Py v. France, no. 66289/01, § 46, ECHR 2005-I). As was noted above, in the present case, the electoral authorities had the challenge of remedying manifest shortcomings in the electoral rolls within very tight deadlines, in a “post-revolutionary” political situation (see paragraphs 11-13 and 19-23 above). Consequently, the Court concludes that the unexpected change in the rules on voter registration one month before the repeat parliamentary election of 28 March 2004 was, in the very specific circumstances of the situation, a solution devoid of criticism under Article 3 of Protocol No. 1. "
- "The Court has often underlined the necessity to maintain the political neutrality of those civil servants, judges and other persons in State service who exercise public authority, so as to ensure that all citizens receive equal and fair treatment that is not vitiated by political considerations (see Rekvényi v. Hungary [GC], no. 25390/94, §§ 41 and 46, ECHR 1999-III; Briķe v. Latvia (dec.), no. 47135/99, 29 June 2000; and Vogt v. Germany, 26 September 1995, § 58, Series A no. 323). "
- "As a corollary to the above principle, and recalling that the rights guaranteed by Article 3 of Protocol No. 1 are crucial to establishing and preserving the foundations of a meaningful democracy (see Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987, § 47, Series A no. 113), the Court finds it particularly important for an agency in charge of electoral administration to function in a transparent manner and to maintain impartiality and independence from political manipulation. "
- "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, these rights are not absolute. There is room for “implied limitations”, and Contracting States must be given a margin of appreciation in this sphere. The Court reaffirms that the margin in this area is wide (see Mathieu-Mohin and Clerfayt, cited above, § 52, and, more recently, 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). 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 v. the United Kingdom (no. 2) [GC], no. 74025/01, § 61, ECHR 2005-IX). "
- "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. "
- "Article 3 of Protocol No. 1 appears at first sight to differ from the other rights guaranteed in the Convention and Protocols, as it is phrased in terms of the obligation of the High Contracting Party to hold elections 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 (see Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987, §§ 46-51, Series A no. 113). The Court has consistently highlighted the importance of the democratic principles underlying the interpretation and application of the Convention and has 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 (ibid., § 47; see also Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, § 58, ECHR 2005-IX). "
- "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). "
- "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. "
- "While the Court is not required under Article 3 of Protocol No. 1 to verify whether every particular alleged irregularity amounted to a breach of domestic electoral law (see I.Z. v. Greece, no. 18997/91, Commission decision of 28 February 1994, Decisions and Reports 76-B, p. 65, at p. 68), its task is nevertheless to satisfy itself, from a more general standpoint, that the respondent State has complied with its obligation to hold elections under free and fair conditions and ensured that individual electoral rights were exercised effectively (see Namat Aliyev, cited above, § 77). In this connection, the Court considers that in cases where it is alleged that the breach of the domestic legal rules was such that it seriously undermined the legitimacy of the election as a whole, Article 3 of Protocol No. 1 requires it to assess whether such a breach has taken place and has resulted in a failure to hold free and fair elections. In doing so, the Court may have regard to whether an assessment in this respect has been made by the domestic courts; if it has been made, the Court may confine its own review to whether or not the domestic courts’ finding was arbitrary (see, mutatis mutandis, I.Z. v. Greece, cited above, and Babenko v. Ukraine (dec.), no. 43476/98, 4 May 1999). "
- "Article 3 of Protocol No. 1 appears at first sight to differ from the other rights guaranteed in the Convention and Protocols, as it is phrased in terms of the obligation of the High Contracting Party to hold elections 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 (see Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987, §§ 46-51, Series A no. 113). The Court has consistently highlighted the importance of the democratic principles underlying the interpretation and application of the Convention and has 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 (ibid., § 47; see also Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, § 58, ECHR 2005-IX). "
- "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, among many other authorities, United Communist Party of Turkey and Others v. Turkey, 30 January 1998, § 33, Reports 1998-I; Chassagnou and Others v. France [GC], nos. 25088/94, 28331/95 and 28443/95, § 100, ECHR 1999-III; and Lykourezos v. Greece, no. 33554/03, § 56, ECHR 2006-VIII). The right to stand as a candidate in an election, which is guaranteed by Article 3 of Protocol No. 1 and is inherent in the concept of a truly democratic regime, would only be illusory if one could be arbitrarily deprived of it at any moment. Consequently, while it is true that States have a wide margin of appreciation when establishing eligibility conditions in the abstract, the principle that rights must be effective requires that the eligibility procedure contain sufficient safeguards to prevent arbitrary decisions (see Podkolzina v. Latvia, no. 46726/99, § 35, ECHR 2002-II). Although originally stated in connection with the conditions on eligibility to stand for election, the principle requiring prevention of arbitrariness is equally relevant in other situations where the effectiveness of individual electoral rights is at stake (see Namat Aliyev v. Azerbaijan, no. 18705/06, § 72, 8 April 2010), including the manner of review of the outcome of elections and invalidation of election results (see Kovach v. Ukraine, no. 39424/02, § 55 et seq., ECHR 2008-...). "
- "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, among many other authorities, United Communist Party of Turkey and Others v. Turkey, 30 January 1998, § 33, Reports 1998-I; Chassagnou and Others v. France [GC], nos. 25088/94, 28331/95 and 28443/95, § 100, ECHR 1999-III; and Lykourezos v. Greece, no. 33554/03, § 56, ECHR 2006-VIII). The right to stand as a candidate in an election, which is guaranteed by Article 3 of Protocol No. 1 and is inherent in the concept of a truly democratic regime, would only be illusory if one could be arbitrarily deprived of it at any moment. Consequently, while it is true that States have a wide margin of appreciation when establishing eligibility conditions in the abstract, the principle that rights must be effective requires that the eligibility procedure contain sufficient safeguards to prevent arbitrary decisions (see Podkolzina v. Latvia, no. 46726/99, § 35, ECHR 2002-II). Although originally stated in connection with the conditions on eligibility to stand for election, the principle requiring prevention of arbitrariness is equally relevant in other situations where the effectiveness of individual electoral rights is at stake (see Namat Aliyev v. Azerbaijan, no. 18705/06, § 72, 8 April 2010), including the manner of review of the outcome of elections and invalidation of election results (see Kovach v. Ukraine, no. 39424/02, § 55 et seq., ECHR 2008-...). "
- "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 reaffirms that the object and purpose of the Convention requires its provisions to be interpreted and applied in such a way as to make their stipulations not just theoretical or illusory but practical and effective (see, for example, Artico v. Italy, 13 May 1980, § 33, Series A no. 37; United Communist Party of Turkey and Others v. Turkey, 30 January 1998, § 33, Reports of Judgments and Decisions 1998-I; and Chassagnou and Others v. France [GC], nos. 25088/94, 28331/95 and 28443/95, § 100, ECHR 1999-III). The rights guaranteed by Article 3 of Protocol No. 1, rights which are inherent in the concept of a truly democratic system, would be illusory if the applicant or his electors could be arbitrarily deprived of them at any moment (see, mutatis mutandis, Melnychenko v. Ukraine, no. 17707/02, § 59, ECHR 2004-X). "
- "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)."
- "Public service agents shall demonstrate professionalism, transparency and impartiality in the performance of their duties."
- "Public service and administration shall make available to users information on procedures and formalities pertaining to public service delivery"
- "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. "
- "The circumstances in which the lethal use of force by security forces is permitted are strictly circumscribed by international human rights law: the force must be necessary and proportionate to the threat posed, and intentional lethal force is only permitted where it is necessary to protect life."
- "The government, with international assistance where appropriate, should undertake an independent review of the events to determine the causes of the violence and necessary reforms. Investigations in such cases should aim to review the individual and structural causes or conditions for the killings in full, including whether the police use of force guidelines comply with the international law on the use of force; whether the police have any and appropriate plans for crowd-control situations; whether police have equipment and weapons appropriate for crowd control; the role of police intelligence; whether there were failures in the police command and control; and what orders were given to police."
- "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."
- "In countries with a track record of election violence, governments should draw up plans for dealing with such violence in the future in ways that are consistent with their human rights obligations. (...) While some of the details of such contingency planning will need to remain confidential, it is also essential that the authorities release enough detailed information in order to make it clear that serious planning has been undertaken, as well as to discourage those potentially violent forces who might otherwise assume there will be few obstacles to, and no consequences flowing from, their actions."
- "To allow for the effective regulation of the use of state resources, legislation should clearly define what use is permitted and what is prohibited."
- "The legislation should be enacted sufficiently in advance of elections to give voters and all participants in the process – including authorities, contestants and media – enough time to become informed of the rules. The late adoption of campaign finance legislation can undermine trust in the process and reduce the opportunity for contestants and other stakeholders to become familiar with and prepare for implementation of the rules."
- "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, in particular, the holding, at regular intervals, of free, fair and transparent elections, based on the respect and exercise, without any hindrance or discrimination, of the right to freedom and physical integrity for every voter and every candidate, the rights to freedom of opinion and expression, especially through the press and other communications media, freedom of assembly and demonstration, and freedom of association."
- "Democracy is incompatible with any substantial change in the electoral system introduced arbitrarily or surreptitiously, and there must be a reasonable interval between the adoption of any amendment and its entry into force. "
- "Democracy presupposes the existence of political parties that have equal rights and are free to organize and to express themselves, provided their programs and actions do not call into question the fundamental values of democracy and human rights. Thus, democracy goes hand-in-hand with a multiparty system. The opposition must be guaranteed a clearly defined status free of any ostracism."
- "Every person with disability has the right to barrier free access to the physical environment, transportation, information, including communications technologies and systems, and other facilities and services open or provided to the public. "
- "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: (…) c) Putting in place reasonable accommodations and other support measures consistent with the secrecy of the ballot, including as appropriate, accessibility of polling stations and facilitating assisted voting, for persons with disabilities to enable their effective participation in political and public life in accordance with national laws. "
- "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."