3619 Results
Quotes
Quotes based on international documents, law, and treaties- "No limitation on a right recognized by the Covenant shall discriminate contrary to Article 2, paragraph 1 [ICCPR]."
- "No State party shall, even in time of emergency threatening the life of the nation, derogate from the Covenant's guarantees of the right to life; freedom from torture, cruel, inhuman or degrading treatment or punishment, and from medical or scientific experimentation without free consent; freedom from slavery or involuntary servitude; the right not to be imprisoned for contractual debt; the right not to be convicted or sentenced to a heavier penalty by virtue of retroactive criminal legislation; the right to recognition as a person before the law ; and freedom of thought, conscience and religion. These rights are not derogable under any conditions even for the asserted purpose of preserving the life of the nation. (59) States parties to the Covenant, as part of their obligation to ensure the enjoyment of these rights to all persons within their jurisdiction (article 3, paragraph 1), and to adopt measures to secure an effective remedy for violations (article 2, paragraph 3), shall take special precautions in time of public emergency to ensure that neither official nor semi-official groups engage in a practice of arbitrary and extrajudicial killings or involuntary disappearances, that persons in detention are protected against torture and other forms of cruel, inhuman or degrading treatment or punishment, and that no persons are convicted or punished under laws or decrees with retroactive effect. (60) The ordinary courts should maintain their jurisdiction, even in a time of public emergency, to adjudicate any complaint that a non-derogable right has been violated."
- "The limitation clauses to the Covenant shall not be interpreted to restrict the exercise of any human rights protected to a greater extent by other international obligations binding upon the state."
- "Derogation from right recognized under international law in order to respond to a threat to the life of the nation is not exercised in a legal vacuum. It is authorized by law and as such it is subject to several legal principles of general application."
- "In a public emergency the rule of law shall still prevail. Derogation is an authorized and limited prerogative in order to respond adequately to a threat to the life of the nation. The derogating state shall burden of justifying its action under law."
- "Every limitation imposed shall be subject to the possibility of challenge to and remedy against its abusive application."
- "The burden of justifying a limitation upon a right guaranteed under the Covenant lies with the State."
- "Adequate safeguards and effective remedies shall be provided by law against illegal or abusive imposition or application of limitations on human rights."
- "The national constitution and laws governing states of emergency shall provide for prompt and periodic independent review by the legislature of the necessity for derogation measures."
- "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."
- "Inclusion of the basic principles of the election system in the constitution creates a safeguard against frequent changes. Constitutional amendments are often subject to a qualified majority vote or other onerous processes. Thus, it is a recommended practice to include the fundamental guarantees protecting suffrage rights in a country's constitution. This would include provisions regulating the very basis of the electoral system, such as the right to elect and be elected, the institutions subject to democratic elections, and terms of office of elected candidates."
- "The rights and freedoms proclaimed above can best be guaranteed by embodiment in constitutions or other fundamental laws none which should be subject to repeal or alteration by ordinary legislation."
- "Guarantees for the fundamental right of periodic free and fair elections which universal, equal, and non-discriminatory suffrage and secret balloting, and for the right to be elected and to have access to the public service on equal terms should be enshrined in the Constitution or other high organic law of the State."
- "The fundamental elements of electoral law, in particular the electoral system proper, membership of electoral commissions and the drawing of constituency boundaries, should not be open to amendment less than one year before an elections, or should be written in the constitution or at a level higher than ordinary law."
- "State Parties to this Convention undertake to abide by the following principles: 1. Respect for democratic principles and institutions, popular participation, the rule of law and good governance."
- "Cognizant of the fact that the Constitutive Act of the African Union, inter alia, calls for the need to promote and protect human and peoples’ rights, consolidate democratic institutions and foster a culture of democracy and ensure good governance and the rule of law."
- "Striving for the effective fulfillment of their obligations to protect human rights and fundamental freedoms, in the spirit of the concerting of the efforts of the Contracting Parties for the purpose of asserting the ideals of freedom and the rule of law, preventing violations of human rights and fundamental freedoms, upholding the traditions of tolerance and friendship between peoples, and reinforcing civil peace and accord."
- "Being resolved, as the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration."
- "State Parties shall commit themselves to promote democracy, the principle of the rule of law and human rights."
- "State Parties shall strive to institutionalize good political governance through: 8. Entrenching and respecting the principle of the rule of law."
- "They are determined to support and advance those principles of justice which form the basis of the rule of law. They consider that the rule of law does not mean merely a formal legality which assures regularity and consistency in the achievement and enforcement of democratic order, but justice based on the recognition and full acceptance of the supreme value of the human personality and guaranteed by institutions providing a framework for its fullest expression."
- "Member States and the Executive Secretariat shall endeavour to adopt at national and regional levels, practical modalities for the enforcement of the rule of law, human rights, justice and good governance."
- "1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant."
- "The obligations of the Covenant in general and article 2 in particular and binding on every State Party as a whole. All branches of government (executive, legislative, judicial), and other public or governmental authorities, at whatever level - national, regional or local - are in a position to engage the responsibility of the State Party. The executive branch that usually represents the State Party internationally, including before the Committee, may not point to the fact that an action incompatible with the provisions of the Covenant was carried out by another branch of government as a means of seeking to relieve the State Party from responsibility for the action and consequent incompatibility. This understanding flows directly from the principle contained in article 27 of the Vienna Convention on the Law of Treaties, according to which a State Party 'may not invoke the provisions of its internal law as justification for its failure to perform a treaty....In this respect, the Committee reminds States Parties with a federal structure of the terms of article 50, according to which the Covenant's provisions 'shall extend to all parts of federal states without any limitations or exceptions."
- "The participating States will fulfill in good faith their obligations under international law, both those obligations arising from the generally recognized principles and rules of international law and those obligations arising from treaties or other agreements, in conformity with international law, to which they are parties. In exercising their sovereign rights, including the right to determine their laws and regulations, they will conform with their legal obligations under international law."
- "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."
- "Every treaty in force is binding upon the parties to it and must be performed by them in good faith."
- "A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty."
- "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."
- "No substantial modification shall be made to the electoral laws in the last six (6) months before the elections, except with the consent of a majority of Political actors."
- "Experience also demonstrates that it is inappropriate to make major or significant modifications of electoral related laws too close to an election date."
- "Whatever the source, legislation should be consistent with other laws and provide adequate detail on all aspects of the electoral process, limiting the opportunity for inconsistent or subjective interpretation."
- "Legal framework drafters should also ensure that the constitution, laws and regulations concerning elections are consistent with one another."
- "Election legislation should avoid conflicting provisions between laws governing national elections and laws governing local elections. The provisions governing the administration of national elections should be in harmony with the provisions governing local elections."
- "The effective exercise of representative democracy is the basis for the rule of law and of the constitutional regimes of the member states of the Organization of American States. Representative democracy is strengthened and deepened by permanent, ethical, and responsible participation of the citizenry within a legal framework conforming to the respective constitutional order."
- "Election legislation should be enacted in accordance with the applicable legal provisions governing the promulgation of laws by the parliament. Election legislation that is not enacted in accordance with the applicable legal provisions may be of questionable legitimacy, and risks annulment by the courts."
- "All stakeholders should have access to copies of laws and regulations."
- "The legal framework should be structured so that it is readily accessible to the public, transparent, addresses all the components of an electoral system necessary to ensure democratic elections, and is adopted sufficiently in advance of polling to be implemented."
- "Election legislation should be published and made readily available for the public."
- "The constitutional and legal framework should: be drafted in plain language and translated into the languages of the country."
- "One electoral law regulating all elections is highly desirable and recommended."
- "Electoral related laws and regulations also should be reviewed by drafters to remove ambiguities wherever possible."
- "Subsidiary legislation, including clear and detailed regulations and administrative instructions should also be promulgated and should respect these general requirements."
- "Most election laws... allow for the supreme electoral administrative body, usually the Central Election Commission ("the CEC"), to issue instructions to further clarify issues related to the election process. However, electoral legislation should require that such instructions are directly based on provisions in the electoral legislation. The role of the CEC in connection with the issuing of detailed instructions should be clearly understood. The role of the CEC is not to act as a substitute legislator, but to respond to occurring needs for clarification by way of interpreting and supplementing the election regulations. Election legislation should create a balance that allows for the necessary flexibility of the CEC to respond to obvious needs, but yet not undermine the principle of legislative control over the election legislation."
- "The national electoral law must also protect the political process from corruption, official misfeasance, obstruction, undue influence, personation, bribery, treating, intimidation and all other forms of illegal and corrupt practice. Prosecutions, procedures and penalties must respect international standards for human rights in the administration of justice."
- "The right to a remedy for violation of human rights is itself a human right, while sanctions against those who infringe the provisions of the electoral law are implicitly required in any effective system of implementation."
- "Democratic elections are the basis of the authority of any representative government."