Summary
Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including citizenship.
Obligations
Issues
Criteria
- Every citizen had the right to be elected, subject only to reasonable restrictions
- The vote-counting process was transparent and observable
- Candidates and their representatives were able to observe polling and counting as means of protecting their right to be elected
- Vote counting and tabulation processes protected the right to be elected
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 have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (b) To vote and to 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 electors.
- The law may regulate the exercise of the rights and opportunities referred to in the preceding paragraph [right to participate in government] only on the basis of age, nationality, residence, language, education, civil... capacity or sentencing by a competent court in criminal proceedings.
- Distinctions between those who are entitled to citizenship by birth and those who acquire it by naturalization may raise questions of compatibility with article 25.
- 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.
- Reasonable restrictions may include factors such as residence, citizenship, current incarceration or having been convicted of a crime
- The right to participate in public affairs is the only human right which applies to citizens of a state only as opposed to being universal and applicable to any person subject to the authority of a state in which they happen to be…. It is, however, required that citizenship be defined in law respecting the right to non-discrimination….Within the legitimate limitation of citizenship, the principle of inclusiveness or ‘universality’ should be a primary objective.
- Reasonable restrictions [on voting] have included distinctions based on age, citizenship, residency...
- As with the right to vote, restrictions on the right to be elected must be confined to accepted criteria: age requirements, which may be somewhat higher than the legal voting age in the case of candidacies for high governmental office; citizenship requirements; reasonable residency requirements; and proportionate restrictions or disqualification in cases of findings of mental incapacity and criminal convictions.
- Reasonable requirements are usually limited to minimum age, nationality...
- Reasonable restrictions may include factors such as residence, citizenship, convicted persons in legal detention, and those considered mentally incapacitated by the courts.
- 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.