1125 Results
Quotes
Quotes based on international documents, law, and treaties- "In the field of human rights and fundamental freedoms, the participating States will act in conformity with the purposes and principles of the Charter of the United Nations and with the Universal Declaration of Human Rights. They will also fulfill their obligations as set forth in the international declarations and agreements in this field, including inter alia the International Covenants on Human Rights, by which they may be bound."
- "The participating States...recognize the need to make further peaceful efforts concerning human rights, democracy and the rule of law within the context of security and co-operation in Europe, individually and collectively, to make democratic advances irreversible and prevent any falling below the standards laid down in the principles and provisions of the Final Act, the Vienna Concluding Document, the Document of the Copenhagen Meeting, the Charter of Paris for a New Europe and the present document."
- "They reaffirm the particular significance of the Universal Declaration of Human Rights, the international Covenants on Human Rights and other relevant international instruments of their joint and separate efforts to stimulate and develop universal respect for human rights and fundamental freedoms; they call on all participating States to act in conformity with those international instruments and on those participating States, which have not yet done so, to consider the possibility of acceding to the covenants."
- "The national legal framework is expected to provide a basis for the conduct of an electoral process that is in accordance with international standards for genuine and democratic elections and should include guarantees for the exercise of fundamental freedoms and political rights associated with elections."
- "Any conditions which apply to the exercise of the rights protected by article 25 should be based on objective and reasonable criteria. For example, it may be reasonable to require a higher age for election or appointment to particular offices than for exercising the right to vote, which should be available to every adult citizen. The exercise of these rights by citizens may not be suspended or excluded except on grounds which are established by law and which are objective and reasonable. For example, established mental incapacity may be a ground for denying a person the right to vote or to hold office."
- "States shall promote the full and equal participation of women in the political structures of their countries as a fundamental element in the promotion and exercise of a democratic culture."
- "Ensure that effective remedies as well as full information about them are available to those who claim that their human rights and fundamental freedoms have been violated; they will, inter alia, effectively apply the following remedies."
- "Although the Covenant does not impose any particular electoral system, any system operating in a State party must be compatible with the rights protected by article 25 and must guarantee and give effect to the free expression of the will of the electors. The principle of one person, one vote, must apply, and within the framework of each State’s electoral system, the vote of one elector should be equal to the vote of another."
- "Regional jurisprudence and recent United Nations General Assembly resolutions recognize ‘that there is no single political system or electoral method that is equally suited to all nations and their people and that the efforts of the international community to enhance the effectiveness of the principle of periodic and genuine elections should not call into question each State’s sovereign right, in accordance with the will of its people, freely to choose and develop its political, social, economic and cultural systems, whether or not they conform to the preferences of other States. Moreover, ‘political systems and electoral processes are subject to historical, political, cultural and religious factors’. Whether a State adopts a majoritarian voting system or one other system of proportional representation is thus a class issue falling with the reserved domain of domestic jurisdiction."
- "Periodic and genuine elections conducted on the basis of equal suffrage also means ‘equality of voting power’; in principle, no vote should carry disproportionately more weight than any other, but that does not necessarily require a system of proportional representation. On a complaint by a minority party member in the United Kingdom, the European Commission of Human Rights interpreted Protocol 1, article 3, to mean that different political parties must be given a reasonable opportunity to present their candidates for election, but did not require an electoral system which guaranteed that the total number of votes cast for each candidate or party be reflected in the composition of the legislature."
- "The general and distant objective set by international law—genuine periodic elections guaranteeing the free expression of the will of the electors, which shall be the basis of the authority of the government—allows considerable room for variation. Whether an electoral system departs from the permissible range is most likely to be answered by reference to other peremptory international law principles, such as non-discrimination. Does the ‘variation’ have the intent or effect of disenfranchising or devaluing the voting power of particular sections of the population for reasons that ought to be irrelevant to the exercise of political rights, such as race, religion, national or social origin, sex, language, political or other opinion, association with a national minority, birth or other status? If so, then to that extent the electoral system is potentially in breach of international law."
- "Each SADC State should adopt an electoral system in accordance with its own political dispensation, history and party system. The electoral system should be entrenched in the Constitution. The Electoral Act should clearly set out the form, content and operation of the electoral system adopted. All stakeholders, particularly the electorate, should understand the type of electoral system in use; how the state determines the allocation of legislative seats; the nature of representation and the political consequences of the chosen system. Electoral systems should promote and protect fundamental human rights as well as the secrecy of the ballot. The following principles must lie at the heart of the electoral system: broad representation of diverse political interests and population groups; inclusiveness and the political participation of key actors; political accountability of Members of Parliament to the voters; a transparent and legitimate election process and outcome."
- "The constitutional and legal framework should: provide a clear statement on the type of electoral system;"
- "The legal framework should reflect universal and regional standards for a democratic and meaningful election process…. The choice of an election system is of course one of the most fundamental decisions for any democracy."
- "The IPU has noted the need, among others, to strike a balance between two essential considerations: that a legislative election above all must make it possible to designate a cohesive government responsible for conducting a national policy; and that the election primarily must guarantee representation at the national level of the country’s political forces, and reproduce in Parliament as faithful an image as possible of their relative strength. The IPU has also stressed the importance of a reasonable link between the electors and the elected, reflecting those elements of proportionality which also characterize the governing principles of international law."
- "State practice confirms the variety of available choices, and no system can be considered, from an international law perspective, to be more valid than any other, provided it bears a reasonable relationship, in law and in practice, to the internationally prescribed objective."
- "The principle of equal suffrage nevertheless applies also to ‘threshold’ requirements, which can be and are used to deny representation to parties that fail to secure a prescribed percentage of the overall vote. Such criteria are commonly used to reduce the numbers of small or sectional interests in the legislature and to enhance the prospects for the formation of a viable government. Unless compensatory steps are taken, however, this technique can effectively disenfranchise substantial minorities. International standards nevertheless constrain and structure the choices available to States. The underlying obligation of result, combined with principles of equality, reasonableness and proportionality, can be used to mediate between the objective and the means chosen, and to show whether the system and its implementation in practice conform to what is required by international law. In short, the State is not free to use the ‘valid’ electoral technique of the threshold requirement in order to bar particular groups from representation in Parliament."
- "There is no "best" electoral system suitable to all and no universally recognized standard. The choice of electoral system needs to be made with desired goals in mind. The effects which different kinds of electoral system can promote are ultimately contextual and depend on the specific cleavages and divisions within any given society. While some electoral system are certainly more likely to produce, say, more proportional electoral results than others, the overall consequences of electoral systems are highly context-specific."
- "A country does have discretion in its choice of an appropriate electoral system. However, this does not mean that any electoral system or practice chosen by a country is acceptable. A country’s discretion in choosing an electoral system is not unlimited and should be exercised consistently with minimum standards."
- "A country’s choice for its electoral system, if it meets the minimum standard for democratic elections, should be respected."
- "United Nations human rights standards relating to elections are broad in nature and thus may be achieved through a wide variety of political systems. United Nations electoral assistance does not seek to impose any given political model. Rather, it is based upon a realization that there is not single political system or electoral methodology which is appropriate for all peoples and States. While comparative examples provide useful guidance for the construction of democratic institutions that both respond to domestic concerns and conform to international human rights norms, the best formulation for each jurisdiction will ultimately be that shaped by the particular needs, aspirations and historical realities of the people involved, taken within the framework of international standards. … United Nations activity in these areas is conducted in conformity with the basic principles of the sovereignty equality of States and respect for their territorial integrity and political independence, as enunciated in the Charter of the United Nations."
- "We reaffirm our commitment to the rule of law."
- "Take effective measures to prevent and eliminate discrimination against individuals or communities on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life, and to ensure the effective equality between believers and non-believers."
- "Establish impartial, all-inclusive, competent and accountable national electoral bodies staffed by qualified personnel, as well as competent legal entities including effective constitutional courts to arbitrate in the event of disputes arising from the conduct of elections."
- "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice."
- "1. The child shall have the right to freedom of expression; this right shall include freedom to speak, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice. 2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; or (b) For the protection of national security or of public order (order public), or of public health or morals."
- "State Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, State Parties shall: (a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of Article 29; (b) Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national, and international sources; (c) Encourage the production and dissemination of children's books; (d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous; (e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of Articles 13 and 18."
- "Migrant workers and their families shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media or their choice."
- "Adopting procedures or regulations allowing members of the general public to obtain, where appropriate, information on the organization, functioning and decision-making processes of its public administration and, with due regard for the protection of privacy and personal data, on decisions and legal acts that concern members of the public."
- "Each State Party shall adopt such legislative and other measures to give effect to the right of access to any information that is required to assist in the fight against corruption and related offences."
- "Everyone shall have the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas by any legal means without interference by a public authority and regardless of frontiers."
- "The Parties undertake to recognize that the right to freedom of expression of every person belonging to a national minority include the freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authorities and regardless of frontiers. The Parties shall ensure, within the framework of their legal systems, that persons belonging to a national minority are not discriminated against in their access to media."
- "For the purposes set forth in Article 2 of this Protocol, each State Party undertakes to adopt measures, which will create, maintain and strengthen: (d) mechanisms to promote access to information to facilitate eradication and elimination of opportunities for corruption."
- "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."
- "Everyone has the right, individually and in association with others: (a) To know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems."
- "…Respect the right of everyone, individually or in association with others, to seek, receive, and impart freely views and information on human rights and fundamental freedoms, including the rights to disseminate and publish such views and information."
- "We reaffirm the importance of independent media and the free flow of information as well as the public's access to information."
- "The media should be assured by the government of: (1) the right to gather and report objective information without intimidation; and (2) no arbitrary or discriminatory obstruction or censorship of campaign messages."
- "In this regard, the Special Rapporteur expresses again his view, and emphasizes, that everyone has the right to seek, receive and impart information and that this imposes a positive obligation on States to ensure access to information, particularly with regard to information held by Government in all types of storage and retrieval systems - including film, microfiche, electronic capacities, video and photographs - subject only to such restrictions as referred to in article 19, paragraph 3, of the International Covenant on Civil and Political Rights."
- "For decisions of election administrators to be satisfactory to the participants, the information on which the decision is based must be accurate as well as accessible. Inaccurate or unreliable information can undermine confidence in both the administration’s decisions and its general competence...Election administrators...should: (i) Ensure that information is collected, compiled, and published in a way that is systematic, clear, and unambiguous. (ii) Do anything necessary, within the country’s legal framework, to ensure that all the information that they compile, use, or publish has a sound factual basis."
- "Among the transparency measures that are recommended are: The counting and tabulation of votes should be fully transparent and accessible to representatives of election contestants, as well as other observers; Representatives and, if possible, observers should also be given copies of results compiled at all levels of election administration; The transportation and receipt of sensitive election materials should also be accessible to representatives and observers under appropriate security arrangements; The announcement of results should be expeditious, and the information that is published should be complete (including the actual numbers of votes cast, and not just percentages); The publication of results should include detailed breakdowns nationally, regionally (if applicable), and by polling stations (if votes are counted in this manner) or other voting sites or methods, except in highly exceptional circumstances where identifying the geographical distribution of the results of voting could lead to discrimination, retributions, or other severe adverse action against a local or regional population, and such circumstances should be explained and be subject to judicial review."
- "The legal framework should require that all relevant electoral documents be publicly accessible, including election protocols, tabulation and tally sheets, and decisions determining or affecting election results. Such electoral documents should be publicly posted at all levels of election administration, including polling, municipal, and state election commission levels. Detailed tabulations of overall results, including the voting results in each polling station, should be posted at each election commission. These detailed tabulations should also be published in state owned or controlled print media as soon as the results are certified."
- "The exercise of the rights provided for in paragraph 2 of this article [freedom of expression] carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary.... (b) for the protection of national security or of public order, or of public health or morals."
- "The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions and restrictions as are prescribed by law and are necessary in a democratic society, in the interests of national security, public safety or public order or for the protection of the rights and freedoms of others."
- "The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security."
- "In extreme circumstances, publication of election results at the polling station level might jeopardise the safety of voters or electoral commission members in that community. This possibility exists where an election is held after civil conflict and tensions remain high. The examiner should be sensitive to this issue and understand that in extreme circumstances the law may provide limited exceptions to these principles so as not to place the voter at risk to personal harm."
- "The exercise of the rights provided for in paragraph 2 of this article [freedom of expression] carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary.... (a) for respect of the rights of others."
- "The exercise of the right provided for in the foregoing paragraph [freedom of expression] shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure: (a) respect for the rights or reputations of others."
- "Each Party shall take the necessary measures in its domestic law to give effect to the basic principles for data protection set out in this chapter."
- "Appropriate security measures shall be taken for the protection of personal data stored in automated data files against accidental or unauthorised destruction or accidental loss as well as against unauthorised access, alteration or dissemination."