States are required to give effect to internationally recognized human rights in domestic law.
- 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 included the protection of fundamental rights and made international obligations domestically binding
- The legislative calendar related to the development of electoral laws was published well in advance of deadlines
- Where not already provided for by existing legislative 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 laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
- To comply with its Convention-based obligation to establish within their domestic laws an effective recourse in the terms of the Convention, the States must provide accessible recourses to all persons to protect their rights. If a specific judicial action is the recourse destined by the law to obtain the restitution of the right that is considered violated, any person who holds title to that right must be genuinely able to file it.
- Article 2, paragraph 2 requires that States Parties take the necessary steps to give effect the Covenant rights in the domestic order. It follows that, unless Covenant rights are already protected by their domestic laws or practices, States Parties are required on ratification to make such changes to domestic laws and practices as are necessary to ensure their conformity with the Covenant. Where there are inconsistencies between domestic law and the Covenant, article 2 requires that domestic law or practice be changed to meet the standards imposed by the Covenant's substantive guarantees. Article 2 allows a State Party to pursue this in accordance with its own domestic constitutional structure and accordingly does not require that the Covenant be directly applicable in the courts, by incorporation of the Covenant into national law.
- The Court has stated on many occasions that each State Party to the Convention “must adopt all necessary measures to ensure that the provisions of the Convention are effectively complied with in its domestic legal order, as required by Article 2 of the Convention.” It has also indicated that the States “must adopt positive measures, avoid taking initiatives that limit or infringe a fundamental right and eliminate the measures and practices that restrict or violate a fundamental right.” The obligation contained in Article 2 of the Convention acknowledges a customary norm which provides that, when a State has ratified an international convention, it must introduce into its domestic law the necessary modifications to ensure the execution of the international obligations it has assumed.
- Human rights and fundamental freedoms will be guaranteed by law and in accordance with their obligations under international law.
- Domestic law consistent with the Charter of the United Nations and other international obligations of the State in the field of human rights and fundamental freedoms is the juridical framework within which human rights and fundamental freedoms should be implements and enjoyed and within which all activities referred to in the present Declaration for the promotion, protection and effective realization of those rights and freedoms should be conducted.
- According to the Court, “this obligation implies the duty of the State party to organize all the state apparatus and, in general, all the structures through which the exercise of public power is manifested, in such a manner that they are able to legally insure the free and full exercise of human rights.” That is the basis of the obligation stipulated in Article 2 of the Convention for the adoption of measures of internal law to make those rights and liberties effective. Therefore, this carries with it the obligation of the state party to adapt its internal legislation when it suffers defects that prevent or hinder the full observance of the rights recognized by the Convention and, in this specific case, the rights protected by Article 23.