698 Results
Quotes
Quotes based on international documents, law, and treaties- "Political or other bias by the police may result in failures to protect civilians from violence (by, for example, not intervening to prevent physical attacks, or by failing to arrest perpetrators)."
- "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."
- "Investigations and prosecutions are essential to reduce future violence."
- "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."
- "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 (...) 8. To ensure that the organization of elections, from the preparatory stage through the election campaign to the counting of votes and the proclamation of results, including, where required, the resolution of any disputes, is conducted in full transparency and is handled by credible bodies whose independence is recognized by all."
- "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: (...) 7.2.3. make complaints mechanisms concerning the right to vote clear and accessible to all, irrespective of a person’s legal status."
- "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: (...) 7.3 with regard to combating discrimination against and stigmatisation of persons with disabilities: (...) 7.3.3. provide civic education in accessible formats."
- "Key electoral information should be made available in multiple, accessible formats, which may include Braille, large print, audio, easy-to-understand versions and sign language. This includes information about how to participate in an election, how to lodge complaints and appeals, results and updates from the election administration."
- "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."
- "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 (...) 8. To ensure that the organization of elections, from the preparatory stage through the election campaign to the counting of votes and the proclamation of results, including, where required, the resolution of any disputes, is conducted in full transparency and is handled by credible bodies whose independence is recognized by all."
- "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: (...) 7.2.3. make complaints mechanisms concerning the right to vote clear and accessible to all, irrespective of a person’s legal status."
- "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: (...) 7.3 with regard to combating discrimination against and stigmatisation of persons with disabilities: (...) 7.3.3. provide civic education in accessible formats."
- "Key electoral information should be made available in multiple, accessible formats, which may include Braille, large print, audio, easy-to-understand versions and sign language. This includes information about how to participate in an election, how to lodge complaints and appeals, results and updates from the election administration."
- "Independent monitoring and audit institutions to detect instances of misuse ex officio are of further relevance, especially in the field of campaign and political party financing and media access."
- "The possibility to bring complaints about the misuse of administrative resources to an independent and impartial tribunal – or equivalent judicial body – or to apply to an authorised law-enforcement body should be central in ensuring the appropriate use and to prevent the misuse of administrative resources during electoral processes."
- "The legal framework should establish clear, predictable and proportionate sanctions for infringements of the prohibition of the misuse of administrative resources, from administrative fines to the ultimate consequence of cancelling election results where irregularities may have affected the outcome. Civil servants who misuse administrative resources during electoral processes should be subject to sanction, including criminal and disciplinary sanctions, up to the dismissal from office."
- "In case IDPs are deprived of their political rights, they must be granted access to an effective system of contestation, including complaint and appeal procedures, in the respect of relevant fair trial standards."
- "Unless the right to lodge requests for information is anchored in clear procedural rules, it is unlikely to be effective. These rules need to be simple, so that ordinary people can easily understand them (and hence be able to make requests), but they also need to be reasonably comprehensive, so as not to provide reluctant officials with loopholes to avoid responding to requests."
- "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."
- "The Council of Europe has identified two types of cyberthreats to elections. First, threats to electoral democracy, namely “attacks against the confidentiality, integrity and availability of election computers and data”, compromising voter databases or registration systems; tampering with voting machines to manipulate results; interference with the function of systems on election day; and illegal access to computers to steal, modify, disseminate sensitive data. Second, threats to deliberative democracy, i.e. “information operations with violations of rules to ensure free, fair and clean elections” related to data protection, political finances, media coverage of electoral campaigns and broadcasting and political advertising."
- "Concerning international cooperation, as already stressed under the preceding principle it is necessary to create mechanisms to make the exchange of information and the investigation, prosecution and sanction of illegal conducts related to the subject of democracy and new technologies more efficient."
- "Measures such as the adoption of corporate digital ethics codes and of self-regulatory mechanisms to solve conflicts between companies and users would also allow greater regulatory flexibility for the benefit of the interests of users and companies, while depressurising the relationship with the government and promoting co-responsibility of online behaviours."
- "The right to appeal to election bodies and courts should be established to enable a clear, understandable, singular and hierarchical complaint process that defines the roles of each level of election commission and each level of the courts. This will avoid the potential for a complainant to appeal to the body considered likely to offer the most favourable consideration of the complaint. "
- "Responses to complaints should be provided in writing and in a timely manner. All hearings and rulings should be public."
- "Public security providers should not be engaged in politics, take sides or demonstrate preferential support for any specific party or candidate. They should remain neutral and be perceived as impartial."
- "If the force used is not authorized by law or is deemed excessive, law enforcement personnel and other individuals involved, including those connected with authorizing the use of force, should be subject to disciplinary action, as well as civil and criminal liability. Law enforcement personnel should also be held liable for failing to intervene where such intervention might have prevented other personnel from using excessive force."
- "To avoid conflicts of interest, any alleged malfeasance by public security officials may necessitate investigation and follow-up by a separate independent authority. In particular, law enforcement personnel at all levels must be held responsible and accountable for any unlawful actions or omissions or for illegitimate orders to subordinates. Such accountability is crucial to maintaining trust and confidence in the respective institutions."
- "The overall approach to electoral security should reflect the principle that the ultimate objective of ensuring a safe and secure electoral environment is not to impose limitations, but to ensure that fundamental rights are not undermined and that they can be freely exercised. Security concerns should not be misused as justification for unduly restricting freedoms."
- "The General Assembly (...) 6. Calls upon all States: (...) (e) To provide individuals whose right to privacy has been violated by unlawful or arbitrary surveillance with access to an effective remedy, consistent with international human rights obligations."
- "There should also be a variety of sanctions available when political parties do not comply with legal measures aimed at ensuring gender equality. Sanctions may range from financial measures, such as the denial or reduction of public funding, to stronger measures, such as the removal of the party’s electoral list from the ballot."
- "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."
- "The legal framework should stipulate that every voter, candidate and political party has the right to lodge a complaint with the competent authority when an infringement of electoral rights has occurred. Care must be taken when drafting such provisions to ensure that the right to seek protection of electoral rights is not unduly restricted to a limited number of groups, such as political parties or candidates."
- "The law must require that the appropriate election-administration body or court consider, determine and render a prompt decision on a complaint. A principle common to many legal systems is that “justice delayed is justice denied”."
- "In the context of access to information, Member States should: (a) Enact clear laws, regulations and policies that guarantee the proactive disclosure of information held by public bodies, including those exercising public functions, and provide a general right to request and receive such information, subject only to clearly and narrowly defined exceptions in accordance with international human rights law and standards; guarantee the right to access information held by private bodies where it is essential to the exercise or protection of human rights; and provide a right to appeal to an independent body for any refusal to disclose information."
- "States have a positive obligation to foster a favourable environment for freedom of expression, offline and online, in which everyone can exercise their right to freedom of expression and participate in public debate effectively, irrespective of whether their views are received favourably by the State or others. Such an environment encompasses the rights to privacy and data protection, and the right to access information on issues of public interest held by public bodies that is necessary for the exercise of the right to freedom of expression."
- "States should make particular efforts, taking advantage of technological developments, to ensure that the broadest possible diversity of media content, including general interest content, is accessible to all groups in society, particularly those which may have specific needs or face disadvantage or obstacles when accessing media content, such as minority groups, refugees, children, the elderly and persons with cognitive or physical disabilities. This implies that such media content should be made available in different languages and in suitable formats and that it should be easy to find and use."
- "Where needed, States must also protect participants against possible abuse by non-state actors, such as interference or violence by other members of the public, counterdemonstrators and private security providers."
- "States must respect and ensure counterdemonstrations as assemblies in their own right, while preventing undue disruption of the assemblies to which they are opposed."
- "Law enforcement officials involved in policing assemblies must respect and ensure the exercise of the fundamental rights of organizers and participants, while also protecting journalists, monitors and observers, medical personnel and other members of the public, as well as public and private property, from harm."
- "Any use of force must comply with the fundamental principles of legality, necessity, proportionality, precaution and non-discrimination applicable to articles 6 and 7 of the Covenant, and those using force must be accountable for each use of force."
- "States have an obligation to investigate effectively, impartially and in a timely manner any allegation or reasonable suspicion of unlawful use of force or other violations by law enforcement officials, including sexual or gender-based violence, in the context of assemblies. Both intentional and negligent action or inaction can amount to a violation of human rights. Individual officials responsible for violations must be held accountable under domestic and, where relevant, international law, and effective remedies must be available to victims."
- "The Special Rapporteur calls upon States in times of elections: (…) (c) To ensure that no one is criminalized for exercising the rights to freedom of peaceful assembly and of association, nor is subject to threats or use of violence, harassment, persecution, intimidation or reprisals."
- "Private persons shall be entitled to seek, directly or by way of exception, a judicial review of an administrative decision which directly affects their rights and interests."
- "The commitment of OSCE participating States to ensuring the availability of an effective remedy is of special relevance to EDR [electoral dispute resolution] as it entitles everyone to “have an effective means of redress against administrative decisions so as to guarantee respect for fundamental rights and ensure legal integrity”."
- "In general, to be effective, remedies should be capable of discontinuing an ongoing violation, making reparations to individuals whose rights have been violated, bringing to justice perpetrators of the violation and preventing similar infringements in the future."
- "At a minimum, natural and legal persons whose rights are affected by administrative decisions, actions or inactions should be entitled to seek court review of these decisions. Given the public nature of the election process, consideration should also be given to allowing complaints in the public interest by essentially permitting stakeholders to challenge any unlawful action or omission in the election process."
- "In order for the remedy of a violation to be effective, it must be provided in a timely and appropriate manner. This is particularly important in the electoral context due to the time-sensitive nature of the fast-paced process."
- "Electoral disputes should be subject to prompt review. While there is no set standard for time limits, good electoral practice recommends three to five days, although longer deadlines may be allowed for the highest courts. Likewise, in challenges against election results, it is advisable that the final resolution of all complaints and appeals take place within two months, maximum."
- "The complainant and individuals whose rights and interests will be directly affected by an election dispute must be given an opportunity to be heard."
- "The law should allow consideration of any evidence that is sufficiently credible and enables the interests of voters and justice to be served. Overly formalistic or strict requirements concerning evidence should be avoided."