799 Results
Quotes
Quotes based on international documents, law, and treaties- "The legal framework should stipulate that there should be no non-essential appointments to public bodies during the electoral campaign."
- "One form of gender-targeted public funding that mainly focuses on the broader aim of improving the gender balance in politics is the earmarking of parts of public funding. Political parties can for example be required to use a certain percentage of the public funds they are provided for outreach activities linked to gender equality, in order to increase the role of women in political parties or to develop a gender action plan."
- "A common aim of gender-related public funding is to incentivize political parties to nominate more female candidates by using financial rewards to connect the amount of public funding provided to the level of gender equality among its candidates, regardless of how the parties use these additional funds."
- "Many forms of gender-targeted public funding, however, do not incentivize parties to nominate women in competitive electoral areas. (...) Some countries have sought to overcome this problem by relating the amount of public funding provided to the number of female candidates elected by each political party."
- "The aim of gender-targeted public funding may be to reduce the financial burden for female candidates by ensuring that they receive more money to allow them to compete more effectively in elections, given the gender prejudices within the electorate."
- "The core idea behind transparency, as that term is used in this paper, is that State actors – including actors which are funded or controlled by the State, even if they formally operate at arms length to the three branches of government – should act in an open manner. This includes being transparent about how they operate, about the rules that govern them, about their activities and expenditures, about their operations and about the decisions they take, among other things."
- "Open meetings are the logical corollary of providing access to recorded or documentary information. (…) Better practice is to require meetings of governing bodies to be open, albeit subject to closure where this is justified. To achieve this, it is important to define the scope of both governing bodies – normally public decisionmaking bodies such as elected bodies, judicial bodies, planning and zoning boards, educational boards and so on – and meetings – which refers to formal or official meetings convened to conduct public business."
- "Against this background, the responsibility of social media platforms within the framework of current political / campaign finance regimes to ensure transparency and accountability of ad placement, expenditure and attribution in order to better inform citizens of the context in which electoral choices are being made, gains critical importance."
- "Two essential elements of the internet are its instantaneity and its interactivity, which significantly affect the time frame established for the realisation of the electoral campaign. It would be interesting to reconsider the concept of soliciting votes, a process which is divided between periods of pre-campaign (or permanent campaign) and campaign. Similarly, the expediency of distinguishing between financing of campaigns and financing of political parties appears questionable."
- "It is also necessary to address the issue of the ban of political campaigns during the day before the election, whose nature clashes with that of the internet as an asynchronous medium, in which content is permanent and accessible to everyone at all times, without political parties needing to take any action whatsoever: political events, messages, videos, propaganda, etc. from the entire campaign are available to the citizen, including the day before the election."
- "During electoral campaigns, a competent impartial electoral management body (EMB) or judicial body should be empowered to require private companies to remove clearly defined third-party content from the internet, based on electoral laws and in line with international standards."
- "During electoral periods, the open internet and net neutrality need to be protected."
- "Citizens need to be protected in the processing of personal data particularly during the election period when large amounts of personal data are processed, including those available in the electoral registers. As regards the registers data privacy has to be balanced against the transparency required for electoral integrity."
- "Therefore, the Venice Commission has issued two recommendations which remain highly relevant and need to be implemented: - Revising rules and regulations on political advertising, in terms of access to the media (updating broadcasting quotas, limits and reporting categories, introducing new measures covering internet-based media, platforms and other services, addressing the implications of micro targeting) and in terms of spending (broadening of scope of communication channels covered by the relevant legislation, addressing the monitoring capacities of national authorities. "
- "Therefore, the Venice Commission has issued two recommendations which remain highly relevant and need to be implemented: - Ensuring accountability of internet intermediaries, in terms of transparency and access to data enhancing transparency of spending, specifically for political advertising. In particular, internet intermediaries should provide access to data on paid political advertising, so as to avoid facilitating illegal (foreign) involvement in elections, and to identify the categories of target audiences."
- "The legal framework should, therefore, be drafted in an open and inclusive manner in order to secure broad confidence among competing political parties and candidates, and voters. It is good practice that significant changes in the legal framework are not introduced shortly before an election, except under exceptional circumstances and when the amendments have broad political support."
- "Special measures to promote the election of national-minority candidates to public office should be encouraged. For example, experience has shown that lowering the number of supporting signatures required for the registration of candidates from national-minority parties can be an effective special measure. This could also be combined with an exemption from the requirement to surpass a nationwide threshold in proportional representation systems. When determining the size of electoral deposits, contribution and spending limits, eligibility thresholds and other parameters of electoral frameworks, states should consider their impact on the participation of candidates belonging to national minorities and, if needed, take targeted measures to ensure that the right to effective participation of minorities in the electoral processes is not unduly restricted."
- "In most cases, those majoritarian systems that are based on single-seat electoral districts will only be advantageous for minority representation in states where minorities are concentrated territorially. (…) If a national minority community is dispersed throughout the state, it would not necessarily be ensured representation because there may not be sufficient votes to ensure a national-minority winner in any of the single-seat districts. "
- "The representation of a sizable concentrated national minority achieved in a single-seat district may prove to be less than the representation that would be achieved under a proportional system, as majoritarian candidates may receive more votes than are necessary to win seats."
- "There are also implications for national minorities in the choice between FPTP and majority systems. In a FPTP system, there is no incentive to seek votes across constituencies if the national minority represents the largest percentage of voters but not the majority. In a majority system, there could be an incentive to seek votes outside the national minority in order to acquire the required majority."
- "Proportional systems produce results more representative of different opinions, including those of national minorities."
- "Ideally, both national and regional thresholds should be low enough to give national-minority parties the chance to have their candidates elected to a national legislature."
- "Electoral systems that provide the possibility of preferential voting, such as AV and STV systems, enable voters to indicate how they would vote if their preferred candidate lost, by indicating second, third and subsequent choices."
- "For example, national-minority parties can be exempted from the need to surpass a legal threshold in order to qualify for seat allocation or can benefit from a lower legal threshold than other parties to obtain representation."
- "While the principle of one person, one vote is one of the most fundamental rules of democratic electoral systems, in some cases a dual voting system can be used to promote representation of minority communities."
- "According to a study by the Venice Commission, dual voting is an exceptional measure that has to be within the legal framework of the constitution and may be permitted if it respects the principle of proportionality in its various aspects. This implies that it can only be justified if: - It is impossible to reach the aim pursued through other less intrusive measures that do not infringe upon equal voting rights; - It has a transitional character; and - It concerns only a numerically small minority."
- "If there is the political will to ensure the representation of such minorities, this can be achieved by introducing special measures through reserved seats. Reserved seats are contested within a minority community and filled by people representing minority communities."
- "Public security providers should operate in accordance with domestic law and international norms, and ensure that any necessary interventions are only required to achieve specific objectives of maintaining order based on a legitimate aim. Any restrictions during an electoral process should be based in law and be proportional to the objectives."
- "Law enforcement agencies and personnel should undertake efforts to ensure the availability of information to the public concerning its activities and cultivate a police-public partnership."
- "The use of force must be considered an exceptional measure, not to be executed arbitrarily. It should be proportionate to the threat, minimizing damage and injury, and used only to the extent required to achieve a legitimate objective. National legislation should clearly establish circumstances justifying its use. This includes providing adequate advance notice and using only the level of force needed to deal with various threats. Authorities should develop a range of responses to enable a differentiated and proportional use of force."
- "Public security providers should avoid the use of force in the event of unlawful though non-violent assemblies or limit its use to a minimum."
- "In dispersing violent assemblies and demonstrations, specific reference is made concerning firearms, i.e., that they may be used only when less dangerous measures prove ineffective and when there is an imminent threat of death or of serious injury. Firing indiscriminately into a violent crowd is never a legitimate or an acceptable method of dispersal."
- "Appropriate and proportionate heightened security measures may be instituted in response to emergency security situations with a view to restoring or maintaining public order. In doing so, international obligations and standards set out that limitations of fundamental rights and freedoms during a state of emergency can be justified only by strict and exceptional necessity in light of a grave and imminent threat."
- "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."
- "Activities undertaken by public security providers during an election should be construed as a public service and be guided by the interests of public order and the protection of fundamental rights and freedoms. The public-service culture in the delivery of security services should be promoted as an approach conducive to enhancing pubic confidence and to facilitating interaction and information exchange between electoral stakeholders and the security services."
- "State Parties acknowledge the need to eliminate discrimination against girls and young women according to obligations stipulated in various international, regional and national human rights conventions and instruments designed to protect and promote women's rights. In this regard, they shall: (...) b) Ensure that girls and young women are able to participate actively, equally and effectively with boys at all levels of social, educational, economic, political, cultural, civil life and leadership, as well as scientific endeavours. "
- "Personal data shall be: (a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’)."
- "In implementing these Guidelines, Member countries should: (…) b) adopt laws protecting privacy. "
- "The gathering and holding of personal information on computers, data banks and other devices, whether by public authorities or private individuals or bodies, must be regulated by law. Effective measures have to be taken by States to ensure that information concerning a person’s private life does not reach the hands of persons who are not authorized by law to receive, process and use it, and is never used for purposes incompatible with the Covenant."
- "The General Assembly (...) 6. Calls upon all States: (...) (g) To consider adopting and implementing data protection legislation, regulation and policies, including on digital communication data, that complies with their international human rights obligations, which could include the establishment of national independent authorities with powers and resources to monitor data privacy practices, investigate violations and abuses and receive communications from individuals and organizations, and to provide appropriate remedies."
- "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."
- "A government may allocate additional funds to programmes benefitting historically disadvantaged groups in order to enable such groups to enjoy their rights on a par with others in society."
- "Although a government has the flexibility in determining the structure of the legal framework, the primary instrument in the field of elections must be a written law, as opposed to custom or a collection of administrative policies. As the instrument of choice, written law provides the benefits of equity, certainty, visibility and transparency, and makes the matter subject to judicial interpretation and review, as well as open to recourse by citizens."
- "Electoral legislation should be enacted sufficiently in advance of elections to enable voters and all participants in the process – including election-administration bodies, candidates, parties and the media – to become informed of the rules. Electoral legislation enacted at the “last minute” has the potential to undermine trust in the process and diminish the opportunity for political participants and voters to become familiar with the rules of the electoral process in a timely manner."
- "Electoral legislation should be published and readily available to the public."
- "Ideally, the legal framework should ensure that people or institutions establishing the boundaries of constituencies are neutral, independent and impartial. The legal framework needs to also provide for maximum public input and participation in the process."
- "Further, in order to alleviate the effects of past discrimination and to enhance future participation, it is appropriate for the legal framework to include special electoral rules and voting arrangements for national minorities."
- "It may be appropriate to require political parties and other nominating organizations to put forward a minimum number of candidates of each gender, with reasonable chances to be elected."
- "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."
- "The legal framework should prohibit the collection, use or dissemination of personal data or information in any manner for any purpose other than the exercise of suffrage rights. In particular, care should be given to provisions that relate to fingerprints, photographs and personal identification numbers, as well as to ethnicity or other factors that could lead to discrimination or place the voter at risk of personal harm."