1136 Results
Quotes
Quotes based on international documents, law, and treaties- "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. "
- "The Court observes that, in comparative electoral law, the regulation of the right to be elected, as regards the registration of the candidacies, may be executed in two ways: by the system of registration of candidates exclusively by the political parties, or by the system of registration of candidacies by the political parties, together with the possibility of registering independent candidacies. In the region, there is a certain balance between the States that have establishes the system of registration exclusively by parties and those that also allow independent candidacies. "
- "Neither of the two systems: exclusive nomination by political parties or the one that allows independent candidacies is, in itself, more or less restrictive than the other in terms of regulating the right to be elected embodied in Article 23 of the Convention. The Court considers that it is not possible to make an abstract assessment of whether the system that allows independent candidacies is a less restrictive alternative for regulating the right to be elected than the other that does not allow them. This will depend on diverse circumstances, especially on how the abovementioned aspects of the independent candidacies are regulated or on the regulation of the candidacies presented by parties. "
- "Independent candidacies can be regulated to facilitate and expand access to the right to be elected, but at times the requirements for registering independent candidacies can be greater than those established for the nomination of a candidate by a political party. The mere fact that independent candidacies are allowed does not mean that this is the least restrictive way to regulate the right to be elected. The essential point is that whichever of the two systems is chosen, it should make accessible and guarantee the right and the opportunity to be elected established in the Convention, under equal conditions. "
- "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. "
- "Lastly, the Court considers that both systems, one built on the exclusive basis of political parties, and the other that also allows independent candidacies can be compatible with the Convention and, therefore, the decision on which system to choose is subject to the political decision made by the State, in accordance with its constitutional norms. The Court is aware that there is a profound crisis as regards the political parties, the legislatures and those who conduct public affairs in the region, which calls for a thorough and thoughtful debate on political participation and representation, transparency, and the rapprochement of the institutions to the people, in brief, on strengthening and improving democracy. Civil society and the State have the fundamental responsibility, which cannot be waived, to carry out this discussion and make proposals to reverse the situation. In this regard, the States must assess the measures that will strengthen political rights and democracy according to their particular historical and political evolution, and independent candidacies may be one among many of these mechanisms. "
- "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. "
- "The “Code of Good Practice in Electoral Matters” highlights that the stability of the law is crucial to the credibility of the electoral process (see CDL-AD(2002)023rev, part II.2.d and paras 63-65). Therefore it should be avoided that rules on politically delicate issues – like the composition of election commissions, the electoral system or the drawing of constituency boundaries –, which are regarded as decisive factors in the election results, are changed frequently or just before elections. “In general any reform of electoral legislation to be applied during an election should occur early enough for it to be really applicable to the election” (CDL-AD(2005)043, para. 5). "
- "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. "
- "In states with little experience of organizing democratic elections, the impartiality of the electoral administration vis-à-vis the executive government can not be taken for granted. This is why the Code of Good Practice in Electoral Matters makes a strong demand for independent electoral commissions in those countries. In fact autonomous electoral commissions which are independent from other government institutions are increasingly viewed as the basis of impartial electoral management in developing or new democracies throughout the world. "
- "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. "
- "Voter education is an integral, albeit sometimes neglected, part of the election process. It refers to basic information on elections (e.g. date and type of elections) and explanations of electoral procedures (voter registration, voting system, etc.), and usually also addresses the voters’ motivation and preparedness to participate fully in the elections. Voter education is especially important in emerging and new democracies and in situations where new electoral provisions or technologies are being applied for the first time. As far as referendums are concerned, the voters must be objectively and comprehensively informed both about the question submitted to the electorate in the referendum and its consequences. "
- "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.). "
- "It is not uncommon that due to a criminal conviction for a serious offence, individuals are deprived of the right to stand for election. However, it can be regarded as problematic if the passive right of suffrage is denied on the basis of any conviction, regardless of the nature of the underlying offence. "
- "The obligation to collect a specific number of signatures is not uncommon by international standards. However, it is generally agreed that signature requirements should not be too high. "
- "With signature requirements, the checking of signatures is necessary. The process is not only time consuming, but also open to abuse. This is especially true if, by law, only a sample of the signatures is checked at random and in an inconsistent manner. "
- "It is important that minor formal errors do not automatically result in the signature lists being declared invalid. Provisions should be made to allow for the correction of any formal or minor errors in the nomination and registration process. "
- "It is commonly accepted that an effective election campaign needs sufficient resources. Parties and candidates would not be able to convey their programmes to the electorate without financial resources. Therefore political funding is considered a necessary condition for elections in modern democracies. Nevertheless, it should be clear that money may lead to corruption and to unfair political competition in the electoral process. Thus, it is important that election (and party) legislation contains clear and comprehensive regulations on party and campaign finances. "
- "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. "
- "Broadcasting and print media are generally the most important way that citizens find out about elections and electoral choices. Thus, the mass media play an important role in the pre-election period. This role is two-fold: Firstly, the media (should) inform the electorate by covering candidates, parties, and political issues relevant to elections in news and special information programmes. This might include even voter education tools. Secondly, they (should) grant candidates and parties direct access to the electorate by allowing political advertisement. "
- "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. "
- "Democratic elections require that ballots be completed by the voters in secret. The secrecy of the vote is not only a fundamental right, but also an obligation. Thus, any voting outside the voting booths is usually forbidden. In practice, however, there are a number of examples in which open voting has been tolerated by electoral officials. "
- "In order to secure the voter’s secrecy, the voter should generally be alone in the voting booth. Only in special cases, e.g. blind voters, are exceptions to be allowed. The conditions for giving assistance to voters should, if necessary, be formalised in the electoral law or electoral commission instructions. In any case, it is unacceptable that “interpreters” accompany voters to the voting booth and indicate the name of the candidate for whom the voter wants to vote. "
- "Strictly forbidden by law, but rather difficult to prove, is vote buying, i.e. the distribution of goods or money to people combined with the request to vote for a particular candidate or party. This is allegedly common practice in the pre-election period and on election day in some countries, according to international observers. In order to reduce the risk of vote buying on election day, it is important to guarantee the secrecy of the vote. It should also be ensured (and observed) that voters do not leave the polling station without depositing their ballots in the ballot boxes because some voters may try to take blank ballots outside the polling station and give or sell them to other people. As a rule, any unused ballot paper should remain at the polling station. However, in several cases, there were confirmed instances of stamped and signed ballots circulating outside polling stations on election day. "
- "According to the Code of Good Practice in Electoral matters, the votes should preferably be counted at the polling station immediately after poll close, rather than in special counting centers (CDL-AD (2002)023rev, para. 45). This has the advantage of providing quick results for the polling station. Further, counting away from the polling station may raise security problems, since the transport of ballot boxes and accompanying documents is always a security risk. "
- "Close attention has to be paid to ensure that results protocols are correctly completed and signed by all authorised persons, according to the law. It goes without saying that the protocols have to be signed after the count has finished, rather than beforehand, as it is sometimes the case. Properly completing election protocols is no easy task. "
- "The management of complaints and appeals is an essential part of democratic elections. The Code of Good Practice in Electoral Matters underlines that irregularities in the election process must be open to challenge before an appeal body. Generally speaking, complaints and appeals may result in the partial or full invalidation of election results. They also may aim to correct problems and decisions even before the elections, especially in connection with the right to vote and voter registration, the right to stand for elections, the validity of candidatures, compliance with the rules governing the electoral campaign, access to the media, and party funding (CDL-AD(2002)023rev, para. 92). "
- "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. "
- "Appeal bodies should have the authority to annul elections. There is consensus that the annulment should not necessarily affect the entire election. Instead, partial invalidation should be possible if irregularities affect a small area only. The central criterion for (partly or completely) annulling elections is, or should be, the question of whether irregularities may have affected the outcome, i.e. may have affected the allocation of mandates. "
- "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. "
- "Single-member ballot: there is where there is just one seat to be filled per constituency and each elector has only one vote. It is therefore applicable only in plurality/majority or hybrid systems. "
- "The single non-transferable vote: irrespective of the number of seats to be filled, each elector has only one vote. Candidates receiving the most votes are elected in proportion to the number of seats to be filled. This system is regarded as being the “fairest” of the nonproportional methods, since it enables a high degree of proportionality to be achieved between the votes cast and the number of seats. "
- "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. "
- "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: b. Nationality: i. a nationality requirement may apply; ii. however, it would be advisable for foreigners to be allowed to vote in local elections after a certain period of residence. "
- "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: c. Residence: i. a residence requirement may be imposed; ii. residence in this case means habitual residence; iii. a length of residence requirement may be imposed on nationals solely for local or regional elections; iv. the requisite period of residence should be reasonable and, as a rule, should not exceed six months; v. it is desirable that the right to vote be accorded to citizens residing abroad. "
- "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: d. Deprivation of the right to vote: i. provision may be made for depriving individuals of their right to vote, but only subject to the following cumulative conditions: ii. it must be provided for by law; iii. the proportionality principle must be observed; iv. the deprivation must be based on mental incapacity or a criminal conviction for a serious offence; v. furthermore, the withdrawal of political rights or finding of mental incapacity may only be imposed by express decision of a court of law. "
- "Fulfilment of the following criteria is essential if electoral registers are to be reliable: iv. there should be an administrative procedure – subject to judicial control – or a judicial procedure, allowing for the registration of a voter who was not registered; the registration should not take place as a result of a decision taken by the polling station on election day "
- "Each voter has in principle one vote; where the electoral system provides voters with more than one vote (for example, where there are alternatives), each voter has the same number of votes. "
- "Equality of opportunity must be guaranteed for the supporters and opponents of the proposal being voted on. This entails a neutral attitude by administrative authorities, in particular with regard to: i. the referendum campaign; ii. coverage by the media, in particular by the publicly owned media; iii. public funding of campaign and its actors; iv. billposting and advertising; v. the right to demonstrate on public thoroughfares. "
- "Special rules providing for an exception to the normal vote-counting rules, in a proportional way, in the case of a referendum concerning the situation of national minorities do not, in principle, run counter to equal suffrage. "
- "Voters must not find themselves obliged to reveal their membership of a national minority. "
- "Contrary to the case of elections, it is not necessary to prohibit completely intervention by the authorities in support of or against the proposal submitted to a referendum. However, the public authorities (national, regional and local) must not influence the outcome of the vote by excessive, one-sided campaigning. The use of public funds by the authorities for campaigning purposes must be prohibited. "
- "Voting procedures must be readily understandable by citizens; ii. voters should always have the possibility of voting in a polling station. Other means of voting are acceptable under the following conditions: iii. postal voting should be allowed only where the postal service is safe and reliable; the right to vote using postal votes may be confined to people who are in hospital or imprisoned or to persons with reduced mobility or to electors residing abroad; fraud and intimidation must not be possible. "
- "[P]ostal voting should be allowed only where the postal service is safe and reliable; the right to vote using postal votes may be confined to people who are in hospital or imprisoned or to persons with reduced mobility or to electors residing abroad; fraud and intimidation must not be possible; "
- "[E]lectronic voting should be in conformity with Committee of Ministers’ Recommendation Rec(2004)11 on Legal, operational and technical standards for e-voting. In particular, it should be used only if it is safe, reliable, efficient, technically robust, open to independent verification and easily accessible to voters; the system must be transparent; unless channels of remote electronic voting are universally accessible, they shall be only an additional and optional means of voting. "
- "[V]ery strict rules must apply to voting by proxy; the number of proxies a single voter may hold must be limited "