1125 Results
Quotes
Quotes based on international documents, law, and treaties- "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. "
- "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.). "
- "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. "
- "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. "
- "Free media are a conditio sine qua non for providing voters with diverse information concerning elections and referendums. Thus, it is important that freedom of the press is constitutionally and legally guaranteed and not undermined in practice. "
- "Even in countries where the media work without undue restrictions, an unbiased coverage of election campaigns is not automatically guaranteed. Democratic elections depend largely on the ability and the willingness of the media to work in an impartial and professional manner during election campaigns. The failure of the media to provide impartial information about the election campaign and the candidates is one of the most frequent shortcomings arising during elections (CDL-AD(2002)023rev, para. 19). "
- "In modern-day democracies, it is also important to ensure that the candidates or parties are accorded sufficiently balanced amounts of airtime and space for political advertising (CDL-AD(2003)023rev, I.2.3). Equal access to the public media should also be given to the supporters and opponents of the proposal in referendums (CDL-INF(2001)010, CDLAD(2005)028). "
- "The regulations concerning equal access to public media differ with regard to, among other things, the types of media and media access, the amounts of time and space, the format and the timing of broadcasting as well as the whole complex of financing political advertising. Due to the wide variety of provisions, it is difficult to discuss the subject on a general level. As for many details, however, there is room for country-specific discussion, for example with regard to criteria for allocating free time. In any case, it is necessary to draw a distinction between public and privately owned media, which is sometimes not done. Private media are usually less regulated. "
- "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. "
- "The establishment of a neutral supervisory body to monitor and regulate the media and to deal with complaints about media behaviour during the campaign can be an important step in implementing the law and promoting free, equal, and fair access to broadcasting. Such a body might be a media monitoring unit within the election administration or a parliamentary commission, a multi-party board, a commission of selected persons or a selfregulatory body of the media. "
- "Since election-related opinion polls may have an effect on the vote itself, the publication and broadcasting coverage of opinions polls results should be regulated, providing, for example, that the source and other relevant information are included. Usually it is also forbidden to publish the results of opinion polls and projections immediately before and on election day (before the closure of the polling stations). If not already provided for, the introduction of such a deadline is generally welcomed. "
- "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. "
- "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. "
- "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. "
- "In public radio and television broadcasts on the referendum campaign, it is advisable that equality be ensured between the proposal’s supporters and opponents. "
- "Balanced coverage must be guaranteed to the proposal’s supporters and opponents in other public mass media broadcasts, especially news broadcasts. Account may be taken of the number of political parties supporting each option or their election results. "
- "Equality must be ensured in terms of public subsidies and other forms of backing. It is advisable that equality be ensured between the proposal’s supporters and opponents. Such backing may, however, be restricted to supporters and opponents of the proposal who account for a minimum percentage of the electorate. If equality is ensured between political parties, it may be strict or proportional. If it is strict, political parties are treated on an equal footing irrespective of their current parliamentary strength or support among the electorate. If it is proportional, political parties must be treated according to the results achieved in the elections. "
- "Financial or other conditions for radio and television advertising must be the same for the proposal’s supporters and opponents. "
- "Voters must not find themselves obliged to reveal their membership of a national minority. "
- " Administrative authorities must observe their duty of neutrality (see 1.2.2.a.), which is one of the means of ensuring that voters can form an opinion freely. "
- "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. "
- "The authorities must provide objective information. This implies that the text submitted to a referendum and an explanatory report or balanced campaign material from the proposal’s supporters and opponents should be made available to electors sufficiently in advance, as follows: i. they must be published in the official gazette sufficiently far in advance of the vote; ii. they must be sent directly to citizens and be received sufficiently far in advance of the vote; iii. the explanatory report must give a balanced presentation not only of the viewpoint of the executive and legislative authorities or persons sharing their viewpoint but also of the opposing one. e. The above information must be available in all the official languages and in the languages of the national minorities." "
- "Freedom of voters to express their wishes also implies: i. that the executive must organise referendums provided for by the legislative system; this is particularly important when it is not subject to the executive’s initiative; "
- "Freedom of voters to express their wishes also implies: ii. compliance with the procedural rules; in particular, referendums must be held within the time-limit prescribed by law; "
- "Democratic referendums are not possible without respect for human rights, in particular freedom of expression and of the press, freedom of movement inside the country, freedom of assembly and freedom of association for political purposes, including freedom to set up political parties. "
- "Apart from rules on technical matters and detail (which may be included in regulations of the executive), rules of referendum law should have at least the rank of a statute. "
- "The fundamental aspects of referendum law should not be open to amendment less than one year before a referendum, or should be written in the Constitution or at a level superior to ordinary law"
- "Apart from rules on technical matters and detail (which may be included in regulations of the executive), rules of referendum law should have at least the rank of a statute. "
- "Fundamental rules include, in particular, those concerning: - the composition of electoral commissions or any other body responsible for organising the referendum; - the franchise and electoral registers; - the procedural and substantive validity of the text put to a referendum; - the effects of the referendum (with the exception of rules concerning matters of detail) - the participation of the proposal’s supporters and opponents to broadcasts of public media. "
- "Time-limits for lodging and deciding appeals must be short. "
- "The applicant’s right to a hearing involving both parties must be protected. "
- "The use of referendums must comply with the legal system as a whole, and especially the procedural rules. In particular, referendums cannot be held if the Constitution or a statute in conformity with the Constitution does not provide for them, for example where the text submitted to a referendum is a matter for Parliament’s exclusive jurisdiction. "
- "The procedural validity of texts submitted to a referendum Questions submitted to a referendum must respect: - unity of form: the same question must not combine a specifically-worded draft amendment with a generally-worded proposal or a question of principle; - unity of content: except in the case of total revision of a text (Constitution, law), there must be an intrinsic connection between the various parts of each question put to the vote, in order to guarantee the free suffrage of the voter, who must not be called to accept or refuse as a whole provisions without an intrinsic link; the revision of several chapters of a text at the same time is equivalent to a total revision; - unity of hierarchical level: it is desirable that the same question should not simultaneously apply to legislation of different hierarchical levels. "
- "The substantive validity of texts submitted to a referendum Texts submitted to a referendum must comply with all superior law (principle of the hierarchy of norms). They must not be contrary to international law or to the Council of Europe’s statutory principles (democracy, human rights and the rule of law). "
- "Everyone enjoying political rights is entitled to sign a popular initiative or request for a referendum. "
- "When a text is adopted by referendum at the request of an authority other than Parliament, it should be possible to revise it either by parliamentary means or by referendum, at the request of Parliament or a section of the electorate, after the expiry, where applicable, of the same period of time. "
- "It is advisable not to provide for: a. a turn-out quorum (threshold, minimum percentage), because it assimilates voters who abstain to those who vote no. "
- "It is advisable not to provide for: b. an approval quorum (approval by a minimum percentage of registered voters), since it risks involving a difficult political situation if the draft is adopted by a simple majority lower than the necessary threshold." "
- "The effects of legally binding or consultative referendums must be clearly specified in the Constitution or by law. "
- "Referendums on questions of principle or other generally-worded proposals should preferably not be binding. If they are binding, the subsequent procedure should be laid down in specific rules. "
- "Out-of-country voting guarantees equality between citizens living in the country and expatriates. "
- "When reviewing the proportionality of the measure, it must be borne in mind that numerous ways of organising and running electoral systems exist. There is 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 (no. 2), cited above, § 61; and Sitaropoulos and Giakoumopoulos, cited above, § 66). This means that the proportionality of electoral legislation (and of any limitations on voting rights) must be assessed also in light of the socio-political realities of a given country. Furthermore, since the Convention is first and foremost a system for the protection of human rights, the Court must have regard to the changing conditions within the respondent State and within Contracting States generally and respond to any emerging consensus as to the standards to be achieved. In this regard, one of the relevant factors in determining the scope of the authorities’ margin of appreciation may be the existence or non-existence of common ground between, or even trends in, the laws of the Contracting States (see Hirst (no. 2), cited above, §§ 78, 81 and 84; and Sitaropoulos and Giakoumopoulos, cited above, § 66). Whether the impugned measure has been subjected to parliamentary scrutiny is also relevant, albeit not necessarily decisive, to the Court’s proportionality assessment (see passim Hirst (No. 2), cited above, especially §§ 78-79; Doyle, cited above; and Alajos Kiss v. Hungary, no. 38832/06, § 41, 20 May 2010). "
- "It should be recalled that the right to vote is not a privilege. In the twenty-first century, the presumption in a democratic State must be in favour of inclusion (see Hirst (no. 2), cited above, § 59; and Sitaropoulos and Giakoumopoulos, cited above, § 67). The exclusion from the right to vote of any groups or categories of the general population must be reconcilable with the underlying purposes of Article 3 of Protocol No. 1 (see Ždanoka, cited above, § 105; and Sitaropoulos and Giakoumopoulos, cited above, § 67). Any general, automatic and indiscriminate departure from the principle of universal suffrage risks undermining the democratic validity of the legislature thus elected and the laws it promulgates (see Hirst (no. 2), § 62; and Sitaropoulos and Giakoumopoulos, cited above, § 68). "
- "As regards, in particular, the choice of electoral system, the Court reiterates that the Contracting States enjoy a wide margin of appreciation in this sphere. In that regard, Article 3 of Protocol No. 1 goes no further than prescribing “free” elections held at “reasonable intervals”, “by secret ballot” and “under conditions which will ensure the free expression of the opinion of the people”. Subject to that reservation, it does not create any “obligation to introduce a specific system” such as proportional representation or majority voting with one or two ballots (see Mathieu-Mohin and Clerfayt, cited above, § 54). "