Summary
Everyone has the right to security of the person without arbitrary arrest or detention.
Obligations
Election Parts
Issues
- Security of the Person of Candidates, Parties, and Their Supporters
- Safety, Security, and the Electoral Management Body
- Safety, Security, and Electoral Dispute Resolution
- Safety, Security, and the Media
- Safety, Security, and Vote Counting and Tabulation
- Safety, Security, and Voter Registration
- Safety, Security, and Voting Operations
Criteria
- The right to security of the person was enjoyed by all electoral stakeholders, including candidates, party members, and their supporters
- The right to security of the person for all citizens (including EMB personnel) was protected throughout the election period
- Electoral stakeholders were free from arbitrary arrest and detention as well as intimidation and coercion
- Security of the person was guaranteed for all election stakeholders, including the members of the media
- Security personnel played a positive role during the electoral process, providing protection for voters, candidates, and electoral management body personnel without interfering in the process
- Vote counting took place in an environment free of intimidation
- The state prohibited interference with registration, intimidation, or coercion of potential voters
- Potential voters were able to vote without intimidation or coercion
Quotes
- 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.
- Every person has the right to personal liberty and security.
- 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 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.
- States Parties shall ensure that persons with disabilities, on an equal basis with others: (a) Enjoy the right to liberty and security of person.
- 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.
- 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.
- Every woman has the right to be free from violence in both the public and private spheres.
- (1) Migrant workers and members of their families shall have the right to liberty and security of person.
- No one shall be subject to arbitrary arrest or imprisonment.
- 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.
- 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.
- 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.
- Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments. These rights include, among others: ...c.The right to personal liberty and security.
- 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.
- 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.
- 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.
- The Committee recommends that States parties: (f) Adopt a zero-tolerance policy towards all forms of violence that undermine women’s participation, including targeted violence by State and non- State groups against women campaigning for public office or women exercising their right to vote.
- States must respect and ensure counterdemonstrations as assemblies in their own right, while preventing undue disruption of the assemblies to which they are opposed.
- [Consider] signing and ratifying or acceding to the International Covenant on Civil and Political Rights and other core international human rights treaties.
- Everyone has the right to life, liberty and security of the person.
- Every person has the right to personal liberty and security. No person shall be subject to arbitrary arrest, search, detention, abduction or any other form of deprivation of liberty.
- 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.
- No one shall be subjected to arbitrary arrest, detention or exile.
- Tak[e] proactive measures to eliminate all barriers in law and in practice that prevent or hinder citizens, in particular women, persons belonging to marginalized groups or minorities, persons with disabilities and persons in vulnerable situations, from participating fully in effectively in political and public affairs, including, inter alia, reviewing and repealing measures that unreasonably restrict the right to participate in public affairs, and considering adopting, on the basis of reliable data on participation, temporary special measure, including legislative acts, aimed at increasing the participation of underrepresented groups in all aspects of political and public life;
- 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.
- Democracy requires, in particular, the holding, at regular intervals, of free, fair and transparent elections, based on the respect and exercise, without any hindrance or discrimination, of the right to freedom and physical integrity for every voter and every candidate, the rights to freedom of opinion and expression, especially through the press and other communications media, freedom of assembly and demonstration, and freedom of association.
- Democracy requires, in particular, the holding, at regular intervals, of free, fair and transparent elections, based on the respect and exercise, without any hindrance or discrimination, of the right to freedom and physical integrity for every voter and every candidate, the rights to freedom of opinion and expression, especially through the press and other communications media, freedom of assembly and demonstration, and freedom of association.
- Law enforcement agencies should adopt a human rights-based approach to all aspects of the planning, preparation and policing of assemblies. This means they take into consideration their duty to facilitate and protect the right to freedom of peaceful assembly.
- In countries with a track record of election violence, governments should draw up plans for dealing with such violence in the future in ways that are consistent with their human rights obligations. (...) While some of the details of such contingency planning will need to remain confidential, it is also essential that the authorities release enough detailed information in order to make it clear that serious planning has been undertaken, as well as to discourage those potentially violent forces who might otherwise assume there will be few obstacles to, and no consequences flowing from, their actions.
- 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.
- 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.
- 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.
- States have a positive duty to facilitate and protect the exercise of the right to freedom of peaceful assembly. This duty should be reflected in the legislative framework and relevant law enforcement regulations and practices. It includes a duty to facilitate assemblies at the organizer’s preferred location and within ‘sight and sound’ of the intended audience. The duty to protect also involves the protection of assembly organizers and participants from third party individuals or groups who seek to undermine their right to freedom of peaceful assembly.
- Every electoral law must provide for intervention by the security forces in the event of trouble. In such an event, the presiding officer of the polling station (or his or her representative) must have sole authority to call in the police. It is important to avoid extending this right to all members of the polling station commission, as what is needed in such circumstances is an on-the-spot decision that is not open to discussion.
- Everyone, regardless of sexual orientation or gender identity, has the right to security of the person and to protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual or group.
- 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.