17 Results
Quotes
Quotes based on international documents, law, and treaties- "The violation of party finance regulations must be effectively sanctioned."
- "In defamation and libel actions, a range of remedies should be available, including apology and/or correction; and (h) Sanctions for defamation should no be so large as to exert a chilling effect on freedom of opinion and expression and the right to seek, receive and impart information; penal sanctions, in particular imprisonment, should never be applied."
- "Sanctions must at all times be objective, enforceable, effective and proportionate to their specific purpose. A range of sanctions may be applied, including warnings, administrative fines, partial or total loss of public funds and, in the case of significant violations, criminal prosecution."
- "Where sanctions are imposed, it is essential that the sanctioned parties have the right to appeal and have recourse to a fair hearing by an impartial tribunal that can provide an effective remedy."
- "Where sanctions are imposed, it is essential that the sanctioned parties have the right to appeal and have recourse to a fair hearing by an impartial tribunal that can provide an effective remedy."
- "Sanctions should be applied against political parties found to be in violation of relevant laws and regulations and should be dissuasive in nature. Moreover, in addition to being enforceable, sanctions must at all times be objective, effective, and proportionate to the specific violation."
- "...different types of complaint that will inevitably arise. These might include refusal of the right to stand as a candidate or to vote, attempts to suppress voter turnout, alleged misinterpretation of the electoral laws or procedures, alleged violations of the criminal law, disputes regarding the accuracy of the count, or claims that the cumulative effect of such irregularities is so extensive as to invalidate the elections. Generally, what is at issue is either the validity of the result, or the penalization of those who have violated electoral laws. 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."
- "To ensure the effectiveness of campaign finance rules, it is critical that responsibility for supervision be given to an independent and professional regulatory body, mandated to provide guidance to electoral stakeholders, check campaign finance reports and investigate potential breaches, and that it be endowed with sanctioning power in order to promote the effective implementation of the law and ensure the accountability of all stakeholders."
- "To ensure the effectiveness of campaign finance rules, it is critical that responsibility for supervision be given to an independent and professional regulatory body, mandated to provide guidance to electoral stakeholders, check campaign finance reports and investigate potential breaches, and that it be endowed with sanctioning power in order to promote the effective implementation of the law and ensure the accountability of all stakeholders."
- "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."
- "States should require the infringement of rules concerning the funding of political parties and electoral campaigns to be subject to effective, proportionate and dissuasive sanctions."
- "The enforcement of political finance laws and regulations requires the existence of independent oversight authorities and an effective system of sanctions to end impunity."
- "The ideal requirements for political finance regulation in post-conflict societies listed below should be viewed as goals for the international community to achieve given the challenging constraints in which they are operating. There are three key requirements in the areas of legal framework, resources for political actors and institutions....3. Effective institutions and processes for enforcement of political finance regulation, including: Penalties and sanctions that are graduated and appropriate to the seriousness of the violation of political finance restrictions, reporting requirements or other regulations."
- "To this effect, party financing legislation should include stipulations regulating at least four distinct aspects relating to the transparency of political finance: Enforcement: a legal system of sanctions to ensure that regulations on party financing are not evaded and to impose penalties when the law is breached. The provisions regarding transparency, control and enforcement of party financing should be laid down in public law. Almost every legal framework of party financing will include some provisions for disclosure, reporting, monitoring and enforcement."
- "States should require that any infringement of rules concerning the funding of political parties and election campaigns be subject to effective, proportionate and dissuasive sanctions."
- "At a minimum, defamation laws should comply with the following standards: the repeal of criminal defamation laws in favour of civil laws should be considered, in accordance with relevant international standards; the States, objects such as flags or symbols, government bodies, and public authorities of all kinds should be prevented from bringing defamation actions; defamation laws should reflect the importance of open debate about matters of public concern and the principle that public figures are required to accept a greater degree of criticism than private citizens; in particular, laws which provide special protection of public figures...should be repealed; the plaintiff should bear the burden of proving the falsity of any statements of fact on matters of public concern; no one should be liable under defamation law for the expression of an opinion; it should be a defense, in relation to a statement on a matter of public concern, to show that publication was reasonable in all the circumstances; and civil sanctions for defamation should not be so large as to exert a chilling effect on freedom of expression and should be designed to restore the reputation harmed, not to compensate the plaintiff or punish the defendant; in particular, pecuniary awards should be strictly proportionate to the actual harm caused and the law should prioritize the use of a range of non-pecuniary remedies."
- "...no one should be liable under defamation law for the expression of an opinion; in relation to a statement on a matter of public concern, it should be a defence to show that publication was reasonable in the given circumstances; and civil sanctions for defamation should not be so large as to exert a chilling effect on freedom of expression and should be designed to restore the reputation harmed, not to compensate the plaintiff or to punish the defendant; in particular, pecuniary awards should be strictly proportionate to the actual harm caused and the law should prioritize the use of a range of nonpecuniary remedies."