698 Results
Quotes
Quotes based on international documents, law, and treaties- "Related to the protection to these prerequisite rights is the importance of a fully functioning, independent judiciary. The judiciary is the principal national body charged with the protection of the rule of law, both during and between election periods. Additionally, in order to ensure the existence of effective avenues through which people can express objections and complaints regarding the election process, it is necessary to guarantee a judiciary that is totally unconstrained by any partisan influence or control. The following are some of the basic principles on the independence of the judiciary: (a) judicial independence must be guaranteed in the Constitution or other law of the country; (b) Judicial impartiality must be guaranteed without any restrictions, improper influences, inducements, pressures, threats of interferences, direct or indirect; (c) The judiciary must have exclusive authority to determine competence to adjudicate; (d) Judicial decisions shall not be subject to revision. This principles should be without prejudice to judicial review of lower court decisions and mitigation or commutation by competent authorities of sentences imposed by the judiciary in accordance with the law; (e) The judiciary must be entitled and required to ensure the judicial proceedings are conducted fairly and that the rights of parties are respected; (f) States are required to provide adequate resources to enable a proper functioning of the judiciary."
- "These principles provide a safety mechanism ensuring that the rule of law, rather than any politician or external body, controls the conduct of elections. A judiciary functioning under these principles serves both the important cause of peaceful dispute resolution and that of protecting the process from bias or fraud. The judicial role, of course, complements, and does not replace, the function of independent electoral authorities."
- "The requirement of impartiality has two aspects. First, judges must not allow their judgment to be influenced by personal bias or prejudice, nor harbour preconceptions about the particular case before them, nor act in ways that improperly promote the interests of one of the parties to the detriment of the other. Second, the tribunal must also appear to a reasonable observer to be impartial. For instance, a trial substantially affected by the participation of a judge who, under domestic statutes, should have been disqualified cannot normally be considered to be impartial."
- "A situation where the functions and competencies of the judiciary and executive are not clearly distinguishable or where the latter is able to control or direct the former is incompatible with the notion of an independent tribunal."
- "A judicial body shall base its decision only on objective evidence, arguments and facts presented before it. Judicial officers shall decide matters before them without any restrictions, improper influence, inducements, pressure, threats or interference, direct or indirect, from any quarter or for any reason."
- "1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. 2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment. 4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation."
- "In compliance with the fundamental obligations laid down in Article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone… the right to security of the person and protection by the State against violence of bodily harm, whether inflicted by government officials or by any individual group or institution."
- "(1) Migrant workers and members of their families shall have the right to liberty and security of person."
- "States Parties shall ensure that persons with disabilities, on an equal basis with others: (a) Enjoy the right to liberty and security of person."
- "Every individual shall have the right to liberty and to the security of the person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained."
- "Every woman shall be entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel, inhuman or degrading punishment and treatment shall be prohibited."
- "Every person has the right to personal liberty and security."
- "No one shall be subject to arbitrary arrest or imprisonment."
- "Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest, search or detention without a legal warrant. 2. No one shall be deprived of his liberty except on such grounds and in such circumstances as are determined by law and in accordance with such procedure as is established thereby."
- "Everyone shall have the right to liberty and security of the person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure established by national legislation: (a) the lawful detention of a person after conviction by a competent court; (b) the lawful arrest or detention of a person; (c) the lawful detention of a minor for the purpose of referring his case for investigation, sentencing or trial."
- "The supremacy of the Constitution is the basis for conducting of free elections, and provides the citizens and other participants of the election process with the possibility to make their choice in respect of their participation or non-participation in elections within the form allowed by the law and by legal methods, without any influence, violence, threat to apply violence or an illegal coercion, not being afraid of penalty or influence, regardless of the results of the voting and results of elections, and with provision of legal and other guarantees as regards the issue that there will be exercised the principles of free elections during the whole election process."
- "Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law."
- "Each Contracting Party shall secure to migrant workers treatment not less favourable than that of its own nationals in respect of legal proceedings. Migrant workers shall be entitled, under the same conditions as nationals, to full legal and judicial protection of their persons and property and of their rights and interests; in particular, they shall have, in the same manner as nationals, the right of access to the competent courts and administrative authorities, in accordance with the law of the receiving State, and the right to obtain the assistance of any person of their choice who is qualified by the law of that State, for instance in disputes with employers, members of their families, or third parties. The rules of private international law of the receiving State shall not be affected by this Article."
- "Everyone has the right to life, liberty and security of the person."
- "No one shall be subjected to arbitrary arrest, detention or exile."
- "The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration."
- "1. Every human being has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. 2. To give effect to this right for internally displaced persons, they shall not be interned in or confined to a camp. If in exceptional circumstances such internment or confinement is absolutely necessary, it shall not last longer than required by the circumstances. 3. Internally displaced persons shall be protected from discriminatory arrest and detention as a result of their displacement. 4. In no case shall internally displaced persons be taken hostage."
- "Violence or the threat of violence, intimidation or harassment, or incitement of such acts through hate speech and aggressive political rhetoric are incompatible with democratic elections."
- "States should take the necessary measures to ensure that parties, candidates and supporters enjoy equal security, and that State authorities take the necessary steps to prevent electoral violence."
- "Just as important, the legal framework must also ensure that prospective voters are free from violence, intimidation and fear of retribution for exercising freely the right to vote, so that they may participate in an election campaign in order to seek and receive information about the electoral contestants."
- "Law enforcement agencies should behave in a neutral manner."
- "Administrative mechanisms are particularly required to give effect to the general obligations to investigate allegations of violations promptly, thoroughly and effectively through independent and impartial bodies."
- "A failure by a State Party to investigate allegations of violations could in and of itself give rise to a separate breach of the Covenant. Cessation of an ongoing violation is an essential element of the right to an effective remedy."
- "However the positive obligations on States Parties to ensure Covenant rights will only be fully discharged if individuals are protected by the State, not just against violations of Covenant rights by its agents, but also against acts committed by private persons or entities that would impair the enjoyment of Covenant rights in so far as they are amenable to application between private persons or entities. There may be circumstances in which a failure to ensure Covenant rights as required by article 2 would give rise to violations by States Parties of those rights, as a result of States Parties' permitting or failing to take appropriate measures or to exercise due diligence to prevent, punish, investigate or redress the harm caused by such acts by private persons or entities."
- "The Committee attaches importance to States Parties' establishing appropriate judicial and administrative mechanisms for addressing claims of rights violations under domestic law. The Committee notes that the enjoyment of the rights recognized under the Covenant can be effectively assured by the judiciary in many different ways, including direct applicability of the Covenant, application of comparable constitutional or other provisions of law, or the interpretive effect of the Covenant in the application of national law."
- "It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions."
- "States shall ensure that domestic law is consistent with international legal obligations by: ...(b) Adopting appropriate and effective judicial and administrative procedures and other appropriate measures that provide fair, effective and prompt access to justice."
- "Each time elections are scheduled, the dates set out in the calendar for each phase of the process must allow adequate time for effective campaigning and public information efforts, for voters to inform themselves, and for the necessary administrative, legal, training and logistic arrangements to be made. The electoral calendar should itself be publicized as part of civic information activities, in the interests of transparency and of securing public understanding and confidence in the process."
- "The participating States consider that the presence of observers, both foreign and domestic, can enhance the electoral process for States in which elections are taking place."
- "Only transparency, impartiality and independence from political motivated manipulation will ensure proper administration of the election process, from the pre-election period to the end of the processing of results."
- "Neither candidates nor voters must find themselves obliged to reveal their membership of a national minority."
- "The enjoyment of the rights and freedoms set forth in this Convention shall be guaranteed without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property or official capacity, place of birth or other status."
- "Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice."
- "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises."
- "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: (b) the protection of national security, public order, or public health or morals."
- "Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant."
- "The authorities should ensure that the media have the right to gather and report information freely, without intimidation or obstruction, and that there is no censorship of either the media or candidates."
- "Each state party shall take appropriate measures, within its means and in accordance with fundamental principles of its domestic law, to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of the threat posed by corruption. This participation should be strengthened by such measures as: (b) Ensuring that the public has effective access to information; (d) Respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption. That freedom may be subject to certain restriction, but these shall be such as are provided for by law and are necessary."
- "[E]lectoral registers must be published;"
- "SADC Member States shall adhere to the following principles in the conduct of democratic elections: Challenge of the election results as provided for in the law of the land."
- "The electoral law should provide a mechanism for the invalidation of election results. In both parliamentary and presidential elections, the decision to partially or fully invalidate election results should be assigned to the highest electoral body. This decision should be reviewable by the highest body of the judiciary or the Constitutional Court. "
- "40. The electoral law should lay down the grounds upon which complaints and appeals are admissible. Any complainant should be duly notified in writing of the decision as to whether his/her petition was considered admissible or not, with reasons given. 41. Grounds for appeal should be strictly defined in the law, preferably for each phase involving an election dispute mechanism, so that courts and electoral bodies are not burdened with irrelevant or frivolous challenges. 42. The parties authorized to bring election-related complaints or appeals before a court or an electoral body should be strictly identified by the electoral law. 43. Time-limits and procedures governing the admissibility of complaints and appeals should be designed so as to preserve the right of aggrieved parties to seek redress."
- "The right to equality before courts and tribunals, in general terms, guarantees, in addition to the principles mentioned in the second sentence of Article 14, paragraph 1, those of equal access and equality of arms, and ensures that the parties to the proceedings in question are treated without any discrimination."
- "A situation in which an individual's attempts to access the competent courts or tribunals are systematically frustrated de jure or de facto runs counter to the guarantee of article 14, paragraph 1, first sentence…The guarantee is violated if certain persons are barred from bringing suit against any other persons such as by reason of their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."
- "The right to equality before courts and tribunals also ensures equality of arms. The principle of equality between parties applies also to civil proceedings, and demands, inter alia, that each side be given the opportunity to contest all the arguments and evidence adduced by the other party."