Summary
Individuals must have the right to a remedy for violation of their participatory rights relating to the election process.
Obligations
Election Parts
Issues
- The Right to an Effective Remedy, Including Challenging Election Results
- Right to an Effective Remedy for Candidates and Parties
- Right to an Effective Remedy for Electoral Management Body Actions
- Right to an Effective Remedy
- Right to an Effective Remedy and the Media
- Right to an Effective Remedy and Voter Education
- Right to an Effective Remedy and Voter Registration
- Right to an Effective Remedy and Voting Operations
Criteria
- An effective and timely remedy was available for all citizens for violations of their rights throughout the electoral process
- There was a timely and effective means of seeking redress for violations of rights regarding candidacy and campaigning
- An effective (timely and enforceable) remedy was available for all violations of their fundamental rights
- There was an effective means of seeking redress for violations concerning boundary delimitation and the electoral system
- The legal framework provided citizens with an effective (timely and enforceable) remedy throughout the electoral process
- A system to file complaints related to the media was available for all citizens
- There was a timely and effective means of seeking redress for violations of rights, including regarding voter education
- An effective remedy was available for all citizens for violations of their rights during the voter registration process
- The state provided an effective (timely and enforceable) remedy to all citizens for violations of their rights, including in the context of voting operations
Quotes
- The States Parties undertake to ensure that the victims of discrimination and intolerance receive equitable and non-discriminatory treatment, equal access to the justice system, expeditious and effective proceedings, and fair compensation in the civil or criminal sphere, as applicable.
- Every person has the right to an effective and enforceable remedy, to be determined by a court or other competent authorities, for acts violating the rights granted to that person by the constitution or by law.
- Underlining that the principles of Europe's electoral heritage may be implemented only if certain conditions are fulfilled, in particular respect for fundamental rights, the impartial organisation of elections and an effective system of appeal.
- "[States should] strengthen supervision by ensuring an effective, transparent and accessible complaints and appeals system in order to put an end to the culture of impunity for election-related offences and enhance public confidence in the electoral process."
- The legal framework should provide effective mechanisms and remedies for the enforcement of electoral rights. The right to vote is a fundamental human right and the right to a remedy for violation of the right to vote is also a fundamental human right. The legal framework for elections must set forth detailed and sufficient provisions protecting suffrage rights.
- Anyone alleging a denial of their individual voting or other political rights must have access to independent review and redress.
- The principle of effective investigation is directly linked to the fact that individuals must have accessible and effective remedies in place to protect their political rights.