Summary
States are required to give effect to internationally recognized human rights in domestic law.
Election Parts
Issues
Criteria
- 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
Quotes
- 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.
- 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.
- 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.