Summary
States must take the steps necessary to give effect to human rights.
Election Parts
Issues
- The Content of Voter Education Campaigns
- Right to an Effective Remedy and Voting Operations
- Electoral Management Body Responsibility for Protection of Rights
- Determining Voter Intent
- Choice of the Electoral System
- Voter Registration and the Fulfillment of Human Rights
- Provision of Voter Education by the Electoral Management Body
- The Right to an Effective Remedy, Including Challenging Election Results
- Independent Body to Regulate Broadcasting During Elections
- Training of Polling and Counting Workers
- Training for Election Officials
- International Human Rights Obligations and the Legal Framework
- Legal Framework for Voting Operations
- The Election Calendar and Enjoyment of Rights
Criteria
- The legal framework for elections included the protection of fundamental rights and made international obligations domestically binding
- An electoral management body implemented elections with adequate time to implement all parts of the electoral process
- The state took the steps necessary to give effect to rights during voter education
- The electoral calendar allowed sufficient time for all aspects of the electoral process to take place, including vote counting
- The state educated officials and citizens on the voting process
- The state took the steps necessary to give effect to rights during the vote counting process
- The state took the steps necessary to give effect to rights during the voter registration process, including the creation of an effective procedure for voter registration
- The electoral system allowed multiparty participation and actual and equal representation
- Voter education efforts included information about all electoral rights, including equal suffrage, the right to vote and be elected, the right to an effective remedy, and the secret ballot
- The electoral calendar included adequate time to implement all parts of the electoral process, including the electoral dispute resolution processes
- The state took the steps necessary to give effect to rights during the electoral process, including through the dispute resolution process
- The legal framework for elections was consistent with international human rights
- The state took the steps necessary to guarantee rights with regard to the media; for example, through the establishment of an independent body to regulate election broadcasts
- The electoral management body took steps to implement an electoral process that fulfilled and protected human rights
- The scheduling of elections granted sufficient time for a complete and comprehensive voter education program
- The state educated officials and citizens on the vote counting and tabulation process
- Steps were taken to prevent and punish fraud and electoral offenses
Quotes
- The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
- States parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all race.
- To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention; (b) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities; (c) To take into account the protection and promotion of the human rights of persons with disabilities in all policies and programs.
- State parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating the discrimination against women and to this end, undertake (d) To refrain from engaging in any act of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation.
- Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.
- State Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating the discrimination against women and to this end, undertake: (g) to repeal all national penal provisions which constitute discrimination against women.
- The Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms set out in the present convention.
- Where not already provided for by existing legislation or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such legislation or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
- State parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating the discrimination against women and to this end, undertake: (e) to all appropriate measures to eliminate discrimination against women by any person, organization or enterprise.
- State Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating the discrimination against women and to this end, undertake: (f) to take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women.
- The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this convention.
- The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to effect to them.
- The object and purpose of the Convention, which is an instrument for the protection of human rights, requires its provisions to be interpreted and applied in such a way as to make their stipulations not theoretical or illusory but practical and effective (see, for example, United Communist Party of Turkey and Others v. Turkey, 30 January 1998, Reports of Judgments and Decisions 1998-I, § 33, and Chassagnou and Others v. France [GC], nos. 25088/94, 28331/95 and 28443/95, § 100, ECHR 1999-III).
- Whatever the form of constitution or government is in force, the Covenant requires States to adopt such legislative and other measures as may be necessary to ensure that citizens have an effective opportunity to enjoy the rights it protects.
- The exceptions set out in Article 11 are to be construed strictly; only convincing and compelling reasons can justify restrictions on freedom of association. In determining whether a necessity within the meaning of Article 11 § 2 exists, the States have only a limited margin of appreciation, which goes hand in hand with rigorous European supervision embracing both the law and the decisions applying it, including those given by independent courts (see, for example, Sidiropoulos and Others, cited above, § 40). That is especially so in relation to political parties in view of their essential role in “a democratic society” (see, for example, United Communist Party of Turkey and Others, cited above §§ 25, 43 and 46).
- States must take effective measures to ensure that all persons entitled to vote are able to exercise that right.
- 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.
- In exercising this right, they will ensure that their laws, regulations, practices and policies conform with their obligations under international law and are brought into harmony with the provisions of the Declaration on Principles and other CSCE commitments.
- The holding of democratic elections and hence the very existence of democracy are impossible without respect for human rights, particularly the freedom of expression and of the press and the freedom of assembly and association for political purposes, including the creation of political parties. Respect for these freedoms is vital particularly during election campaigns. Restrictions on these fundamental rights must comply with the European Convention on Human Rights and, more generally, with the requirement that they have a basis in law, are in the general interest and respect the principle of proportionality.
- The underlying principles of European electoral systems can only be guaranteed if certain general conditions are fulfilled. • The first, general, condition is respect for fundamental human rights, and particularly freedom of expression, assembly and association, without which there can be no true democracy; • Second, electoral law must enjoy a certain stability, protecting it against party political manipulation; • Last and above all, a number of procedural guarantees must be provided, especially as regards the organisation of polling.
- Article 4 of the CEDAW stipulates that ‘temporary special measures aimed at accelerating the de facto equality of men and women shall not be considered discrimination’. This opens the possibility for countries to implement a policy of reserved seats or quotas for women.