Summary
Genuine elections are required to express the will of the people.
Obligations
Election Parts
Issues
Criteria
Quotes
- State Parties undertake to implement programmes and carry out activities designed to promote democratic principles and practices as well as consolidate a culture of democracy and peace. To this end, State Parties shall: 1) Promote good governance by ensuring transparent and accountable administration.
- 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.
- Every accession to power must be made through free, fair and transparent elections.
- State Parties shall implement this Charter in accordance with the following principles: 4. Holding of regular, transparent, free and fair elections.
- 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.
- 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.
- The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.
- In particular, any conditions thus 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 (Ždanoka v. Latvia [GC], no. 58278/00, § 104, ECHR 2006-IV).
- 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).
- More particularly, States enjoy considerable latitude to establish in their constitutional order rules governing the status of parliamentarians, including criteria for disqualification. Though originating from a common concern – to ensure the independence of members of parliament, but also the electorate's freedom of choice – the criteria vary according to the historical and political factors peculiar to each State. The number of situations provided for in the Constitutions and electoral legislation of many member States of the Council of Europe shows the diversity of possible choice on the subject. None of these criteria should, however, be considered more valid than any other provided that it guarantees the expression of the will of the people through free, fair and regular elections (see Podkolzina v. Latvia, no. 46726/99, § 33, ECHR 2002-II, and Gitonas and Others v. Greece, judgment of 1 July 1997, Reports 1997-IV, pp. 1233-34, § 39).
- Compl[y] fully with their international human rights law obligations and commitments with regard to participation in political and public affairs, including reflecting them in their national legislative framework.
- Every citizen has the right to vote in periodic and genuine elections, which should be by universal and equal suffrage and by secret ballot, guaranteeing the free expression of the will of the electors, in accordance with national law.
- 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.
- Ensure full, effective and equal participation of all citizens in political and public affairs.
- [Consider] signing and ratifying or acceding to the International Covenant on Civil and Political Rights and other core international human rights treaties.
- At the beginning of the new century and millennium, we reaffirm our commitment to the promotion of democracy and its core values in our respective countries. In particular, we undertake to work with renewed determination to enforce the inalienable right of the individual to participate by means of free, credible and democratic political processes in periodically electing their leaders for a fixed term of office.
- 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.
- The participating States declare that the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government.
- The travaux preparatoires of the [International] Covenant [on Civil and Political Rights] indicate that the framers of the instrument saw this requirement as comprising of two broad elements. The first was procedural, and included the guarantees of periodicity, equality and universality of suffrage, and secrecy of the ballot. The second was outcome-oriented and defined genuine elections as those which reflected the free expression of the will of the electors
- The travaux preparatoires of the [International] Covenant [on Civil and Political Rights] indicate that the framers of the instrument saw this requirement as comprising of two broad elements. The first was procedural, and included the guarantees of periodicity, equality and universality of suffrage, and secrecy of the ballot. The second was outcome-oriented and defined genuine elections as those which reflected the free expression of the will of the electors.