Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including criminal conviction.
- 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
- 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.
- 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.
- [P]rovision may be made for depriving individuals of their right to vote and to be elected, but only subject to the following cumulative conditions. ii. it must be provided for by law; iii. the proportionality principle must be observed; conditions for depriving individuals of the right to stand for election may be less strict than for disenfranchising them; iv. The deprivation must be based on ... a criminal conviction for a serious offence. v. Furthermore, the withdrawal of political rights ... may only be imposed by express decision of a court of law.
- It may be reasonable to exclude any person currently serving a prison sentence for having committed a serious crime. However, loss of candidate rights should be proportional to the crime committed, and candidate rights should be automatically reinstated once the sentence has been served.
- Reasonable restrictions may include factors such as residence, citizenship, convicted persons in legal detention, and those considered mentally incapacitated by the courts.
- The Human Rights Committee has recognized that some countries have permissible legislative penalties depriving violators of certain political rights. However, in Alba Pietraroia v. Uruguay (44/1979), the committee made reference to the principle of proportionality in examining the degree of deprivation and stated that a measure as harsh as the deprivation of all political rights for a period of 15 years would have to be specifically justified.
- 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... and so on).
- Reasonable restrictions may include factors such as residence, citizenship, current incarceration or having been convicted of a crime