1079 Results
Quotes
Quotes based on international documents, law, and treaties- "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”."
- "A vibrant and free civic space with channels for safe and effective participation enables societies to be more peaceful and prosperous. The right to participate in the conduct of public affairs, protected and guaranteed by international law, is a cornerstone of civic space."
- "With regard to the promotion of civic space, international human rights imply a State obligation to support institutional, legal and policy frameworks that enable effective and safe civil society participation in national decision-making processes and access to information."
- "Ongoing policy monitoring is crucial to assess the performance of systems and processes and to adapt them as needed. It is important that consultations and monitoring be broadly based and not confined to habitual partners. Integrating new civil society organizations or grass-roots networks, irrespective of whether they are formally registered, can energize such processes."
- "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."
- "Member States should: (…) f. ensure timely and transparent public consultations in policy development and draft legislation, especially where it may affect civil society."
- "The Assembly calls on all member States to: (...) 10.5. ensure that NGOs are effectively involved in the consultation process concerning new legislation which concerns them and other issues of particular importance to society, such as the protection of human rights."
- "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 encourage social media, media, search and recommendation engines and other intermediaries which use algorithms, along with media actors, regulatory authorities, civil society, academia and other relevant stakeholders to engage in open, independent, transparent and participatory initiatives that: – improve the transparency of the processes of online distribution of media content, including automated processes."
- "States should encourage social media, media, search and recommendation engines and other intermediaries which use algorithms, along with media actors, regulatory authorities, civil society, academia and other relevant stakeholders to engage in open, independent, transparent and participatory initiatives that: (...) – implement the principle of privacy by design in respect of any automated data processing techniques and ensure that such techniques are fully compliant with the relevant privacy and data protection laws and standards."
- "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."
- "States should introduce legislative provisions, or strengthen existing ones, that promote media literacy with a view to enabling individuals to access, understand, critically analyse, evaluate, use and create content through a range of legacy and digital (including social) media."
- "Temporary special measures must be discontinued when their desired results have been achieved and sustained for a period of time."
- "The term “measures” encompasses a wide variety of legislative, executive, administrative and other regulatory instruments, policies and practices, such as outreach or support programmes; allocation and/or reallocation of resources; preferential treatment; targeted recruitment, hiring and promotion; numerical goals connected with time frames; and quota systems. "
- "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."
- "Likewise, States should recognize the value of technology to facilitate people’s rights to public participation. The Special Rapporteur welcomes efforts by many governments to establish online platforms through which those interested can submit and collect signatures for petitions on government policies and legislative action."
- "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."
- "Public authorities shall act in accordance with the principle of legal certainty."
- "Public authorities shall act and perform their duties within a reasonable time."
- "Unless action needs to be taken urgently, public authorities shall provide private persons with the opportunity through appropriate means to participate in the preparation and implementation of administrative decisions which affect their rights or interests."
- "Principle of respect for privacy 1. Public authorities shall have respect for privacy, particularly when processing personal data. 2. When public authorities are authorised to process personal data or files, particularly by electronic means, they shall take all necessary measures to guarantee privacy. 3. The rules relating to personal data protection, notably as regards the right to have access to personal data and secure the rectification or removal of any data that is inaccurate or shall not have been recorded, shall apply to personal data processed by public authorities."
- "Principle of transparency 1. Public authorities shall act in accordance with the principle of transparency. 2. They shall ensure that private persons are informed, by appropriate means, of their actions and decisions which may include the publication of official documents. 3. They shall respect the rights of access to official documents according to the rules relating to personal data protection."
- "Administrative decisions shall be published in order to allow those concerned by these decisions to have an exact and comprehensive knowledge of them. Publication may be through personal notification or it may be general in nature."
- "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 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."
- "To ensure proper administration of the EDR process, the election administration at both the central and local levels should be free from any political interference and guided by the fair implementation of laws. Irrespective of the composition of the election administration body, its independence should be expressed in clear and transparent proceedings."
- "Decisions taken by EDR bodies should always be impartial. Officials dealing with EDR should act objectively and carry out their duties in an impartial manner, irrespective of their personal beliefs and interests."
- "Publicly available registers of complaints could be considered to improve transparency."
- "Where hearings are held, they should be open to the public, media and observers, and any exceptions should be carefully assessed."
- "Good electoral practice advises against conflicts of jurisdiction of election administration bodies and courts."
- "Due to the unique nature of election complaints, investigators must make their decisions in a timely fashion and in accordance with the rules, policies, and procedures that govern the electoral process."
- "The principle of prompt investigation is important because election processes and results are time-bound, evidence may be time-sensitive or subject to destruction following an election, and impunity for electoral offenses may linger from one electoral cycle to the next if not dealt with in a timely manner."
- "The principle of effective investigation is directly linked to the fact that individuals must have accessible and effective remedies in place to protect their political rights."
- "The principle of investigations being undertaken by independent and impartial bodies is fundamental to the credibility and legitimacy of the investigation process and outcome."
- "Systems that provide concurrent jurisdiction or that permit complainants to choose among investigative bodies to which they can file complaints run the risk of duplicating investigations and stoking institutional rivalry and forum shopping."
- "Without structural and procedural safeguards to ensure independence and impartiality, public perception that election investigations favor a particular side in a dispute could endanger the democratic legitimacy and the credibility of the entire electoral process."
- "The recruitment process for investigators should also be independent from political considerations and subject to external oversight, to the extent that this serves to assist in the hiring of competent, independent staff and to protect against irregularities."
- "For this purpose, both the Constitution and current legal norms should provide for the functional, administrative, and financial autonomy of the institution responsible for electoral justice."
- "Given that there are legally specified periods for each electoral phase, decisions must be both timely and definitive. This implies that conflicts must be resolved before the conclusion of each respective phase of the electoral contest (e.g., any questions arising around the validity of an electoral candidate must be resolved conclusively before the electoral registration period has been completed)."
- "It is the duty of the legal authority to hear and study the arguments presented. Likewise, all parties must be guaranteed the right to present evidence in support of their claims; and the respective authority has an obligation to weigh up the evidence and to evaluate the claims presented by both parties."
- "Therefore, in order to guarantee the autonomy and impartiality of bodies responsible for electoral dispute resolution, their legal independence should be ensured at the highest possible level. Thus, the separation of powers must be established at the constitutional level, where it should be clearly stated that the electoral judicial body is independent of the Executive and Legislative branches and that it is not subordinate to either of these powers."
- "So as to guarantee the autonomy, independence, and objectivity of the justice operators, it is essential that the selection and appointment process be based on the personal merit and professional capacity of the candidates, giving importance to their experience and their suitability to the specific functions they are expected to perform."
- "There must be a catalog of evidence that can be presented before judicial authorities. It should be comprehensive, including evidence such as documents, testimonies, and expert witnesses. The basic inadmissibility of certain evidence should be accounted for in the law."
- "The system of electoral justice should contain norms that uphold the principles of public accountability and transparency. All information regarding legal resolutions and the sessions in which they were issued should be made public and communicated in a language that is simple and accessible to facilitate the understanding of those who are not familiar with the specificities of electoral systems."