Limits on individuals wishing to run for office may only be based on objective and reasonable criteria
- 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 and mental capacity or sentencing by a competent court in criminal proceedings.
- Established mental incapacity may be a ground for denying a person the right…to hold office.
- Reasonable restrictions may include factors such as residence, citizenship, convicted persons in legal detention, and those considered mentally incapacitated by the courts.
- Reasonable restrictions may include factors such as residence, citizenship, current incarceration or having been convicted of a crime, and mental incapacity as determined by a court.
- Reasonable restrictions [on voting] have included distinctions based on age, citizenship, residency and mental competence.
- As mandated by the International Covenant on Civil and Political Rights, member of the Committee have noted that the following limitations on voting rights are not permissible: excessive limitations on the voting rights of convicted criminals
- 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.
- Voting rights should be based on considerations that include: citizenship; legal age of majority (this may differ from country to country); residency requirements; any other additional grounds for disqualification (eg, prisoners in detention, persons with a criminal record, mentally disadvantaged, and so on).
- Certain requirements for public office are allowed by the Covenant, but these are limited to reasonable bases, such as minimum age and mental capacity.Records of discussions held during the drafting of these provisions are clear on this interpretation.