Summary
Elections must be held by universal suffrage.
Obligations
Issues
Criteria
- Voting operations facilitated broad participation
- The state took proactive measures to promote voting by the broadest pool of eligible voters and ensure votes cast were counted
- The vote counting and tabulation process did not discriminate against anyone on the basis of prohibited grounds
- Vote counting and tabulation processes protected the right to be elected
- The obligations of universal suffrage and the right to vote were advanced through voter education
- Limitations on universal suffrage imposed during the voter registration process were reasonable and objective
- Voter registration promoted universal suffrage
Quotes
- Everyone shall have the right and opportunity and in the state of which he is a citizen (b) to vote and to be elected at elections held on the basis of universal and equal suffrage by secret ballot, that guarantees the free expression of the will of the voters.
- Every citizen shall enjoy the following rights: b. to vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters.
- 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, without distinction as to race, color, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service.
- To vote and be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the voter.
- State Parties shall recognize popular participation through universal suffrage as the inalienable right of the people.
- The right to vote is not a privilege. In the twenty-first century, the presumption in a democratic State must be in favour of inclusion, as may be illustrated, for example, by the parliamentary history of the United Kingdom and other countries where the franchise was gradually extended over the centuries from select individuals, elite groupings or sections of the population approved of by those in power. Universal suffrage has become the basic principle (see Mathieu-Mohin and Clerfayt, cited above, p. 23, § 51, citing X v. Germany, no. 2728/66, Commission decision of 6 October 1967, Collection 25, pp. 38-41).
- Any departure from the principle of universal suffrage risks undermining the democratic validity of the legislature thus elected and the laws which it promulgates. Exclusion of any groups or categories of the general population must accordingly be reconcilable with the underlying purposes of Article 3 of Protocol No. 1 (see Sukhovetsky v. Ukraine, no. 13716/02, § 52, ECHR 2006-VI ; Russian Conservative Party of Entrepreneurs and Others v. Russia, nos. 55066/00 and 55638/00, § 49, 11 January 2007; Krasnov and Skuratov v. Russia, nos. 17864/04 and 21396/04, § 41, 19 July 2007; and Kovach v. Ukraine, no. 39424/02, § 50, ECHR 2008).
- Accordingly, the exclusion from the right to vote of any groups or categories of the general population must be reconcilable with the underlying purposes of Article 3 of Protocol No. 1 (see Ždanoka, cited above, § 105). The Court has held, inter alia, that domestic legislation making the right to vote subject to a minimum age or to residence conditions is, in principle, compatible with Article 3 of Protocol No. 1 (see Hirst, § 62, and Hilbe, both cited above). It has acknowledged that any general, automatic and indiscriminate departure from the principle of universal suffrage risks undermining the democratic validity of the legislature thus elected and the laws it promulgates (see Hirst, cited above).
- It is, however, for the Court to determine in the last resort whether the requirements of Article 3 of Protocol No. 1 have been complied with; it has to satisfy itself that the conditions do not curtail the rights in question to such an extent as to impair their very essence and deprive them of their effectiveness; that they are imposed in pursuit of a legitimate aim; and that the means employed are not disproportionate (see Mathieu-Mohin and Clerfayt, loc. cit.). In particular, any conditions imposed must not thwart the free expression of the people in the choice of the legislature – in other words, they must reflect, or not run counter to, the concern to maintain the integrity and effectiveness of an electoral procedure aimed at identifying the will of the people through universal suffrage (see Hirst, cited above, § 62, and Yumak and Sadak v. Turkey [GC], no. 10226/03, § 109, ECHR 2008. The Court is not required to adopt a position on the choice between one electoral system and another. That decision, which is determined by historical and political considerations specific to each country, is in principle one which the State alone has the power to make (see Podkolzina, cited above, § 34).
- Regarding whether the measure was adapted to achieving the legitimate objective sought, based on the above the Court finds that, in the instant case, the exclusivity of nomination by political parties to elected office at the federal level is an appropriate measure to produce the legitimate result sought of organizing the electoral processes efficiently in order to hold genuine periodic elections, by universal and equal suffrage and by secret vote that guarantee the free expression of the will of the voters, as established by the American Convention.
- Any departure from the principle of universal suffrage risks undermining the democratic validity of the legislature thus elected and the laws which it promulgates.
- The Court notes that the rights guaranteed by this Article are crucial to establishing and maintaining the foundations of an effective and meaningful democracy governed by the rule of law (see Hirst (no. 2) [GC], cited above, § 58, and Scoppola (no. 3) [GC], cited above, § 82). In addition, the right to vote is not a privilege. In the twenty-first century, the presumption in a democratic State must be in favour of inclusion and universal suffrage has become the basic principle (see Mathieu-Mohin and Clerfayt, cited above, § 51; Hirst (no. 2) [GC], cited above, § 59; and Scoppola (no. 3) [GC], cited above, § 82). The same rights are enshrined in Article 25 of the International Covenant on Civil and Political Rights (see paragraph 38 above).
- We, Ministers and Heads of Delegation of the States and Governments of Countries using French as a common language, (…) 4 - Undertake the following commitments: (…) B. For the holding of free, fair and transparent elections (...) 9. To guarantee the full participation of citizens in the vote, as well as equal treatment of candidates during the entire electoral process.
- Essential elements of representative democracy include, inter alia, respect for human rights and fundamental freedoms, access to and the exercise of power in accordance with the rule of law, the holding of periodic, free, and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people, the pluralistic system of political parties and organizations, and the separation of powers and independence of the branches of government.
- To ensure that the will of the people serves as the basis of the authority of government, the participating States will: (7.3) guarantee universal and equal suffrage to adult citizens.
- 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 will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
- Tak[e] all necessary measures to eliminate laws, regulations and practices that discriminate, directly or indirectly, against citizens in their right to participate in public affairs on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, or on the basis of disability.
- [Consider] signing and ratifying or acceding to the International Covenant on Civil and Political Rights and other core international human rights treaties.
- We, Ministers and Heads of Delegation of the States and Governments of Countries using French as a common language, (…) 4 - Undertake the following commitments: (…) B. For the holding of free, fair and transparent elections (...) 9. To guarantee the full participation of citizens in the vote, as well as equal treatment of candidates during the entire electoral process.
- Universal suffrage means in principle that all human beings have the right to vote. This right may, however, and indeed should, be subject to certain conditions: b. Nationality: i. a nationality requirement may apply; ii. however, it would be advisable for foreigners to be allowed to vote in local elections after a certain period of residence.
- Universal suffrage means in principle that all human beings have the right to vote. This right may, however, and indeed should, be subject to certain conditions: d. Deprivation of the right to vote: i. provision may be made for depriving individuals of their right to vote, but only subject to the following cumulative conditions: ii. it must be provided for by law; iii. the proportionality principle must be observed; iv. the deprivation must be based on mental incapacity or a criminal conviction for a serious offence; v. furthermore, the withdrawal of political rights or finding of mental incapacity may only be imposed by express decision of a court of law.
- Out-of-country voting guarantees equality between citizens living in the country and expatriates.
- Three types of suffrage are available in democratic systems: direct universal suffrage, indirect universal suffrage and multi-tiered elections. - direct universal suffrage: namely “where every citizen, except those who are excluded by law, can directly participate in the vote” and elect his or her representatives without the involvement of intermediaires. This type of vote is employed in practically all democracies for the purposes of electing representatives to lower chambers. - indirect universal suffrage: elected representatives are chosen by leading citizens, who may themselves be elected representatives. However, unlike electoral colleges, the leading citizens in question are not chosen for that purpose. - Multi-tiered elections: representatives are chosen by electoral colleges chosen for that purpose. Nowadays this type of suffrage is no longer used to elect representatives to lower chambers, but the President of the United States is elected by a system of electoral colleges.
- Universal suffrage means in principle that all human beings have the right to vote. This right may, however, and indeed should, be subject to certain conditions: c. Residence: i. a residence requirement may be imposed; ii. residence in this case means habitual residence; iii. a length of residence requirement may be imposed on nationals solely for local or regional elections; iv. the requisite period of residence should be reasonable and, as a rule, should not exceed six months; v. it is desirable that the right to vote be accorded to citizens residing abroad.
- Universal franchise is a key element of modern democracies. It is important that the right to vote and the process of voter registration are not unreasonably restricted on the basis of race, gender, religion, ethnic origin, past or present political affiliation, language, literacy, property or registration fees. However, the right to vote, may be subject to a number of reasonable conditions, the most usual being age, citizenship and residency. Furthermore, there might be provisions for clauses suspending political rights due to lawful detention, criminal convictions or mental incapacity.
- Universal suffrage means in principle that all human beings have the right to vote. This right may, however, and indeed should, be subject to certain conditions: a. Age: the right to vote must be subject to a minimum age but must be acquired, at the latest, at the age of majority.