Summary
States should legally recognize political parties for the effective exercise of related civil and political rights.
Obligations
Election Parts
Quotes
- Democracy presupposes the existence of political parties that have equal rights and are free to organize and to express themselves, provided their programs and actions do not call into question the fundamental values of democracy and human rights. Thus, democracy goes hand-in-hand with a multiparty system. The opposition must be guaranteed a clearly defined status free of any ostracism.
- Democracy presupposes the existence of political parties that have equal rights and are free to organize and to express themselves, provided their programs and actions do not call into question the fundamental values of democracy and human rights. Thus, democracy goes hand-in-hand with a multiparty system. The opposition must be guaranteed a clearly defined status free of any ostracism.
- Political parties must be protected as an integral expression of the right of individuals and groups to freely form associations. But, given the unique and vital role of political parties in the electoral process and democratic governance, it is commonly accepted for states to regulate their functioning insofar as is necessary to ensure effective, representative and fair democratic governance.
- So, on the one hand, some kind of state regulation of the inner workings of political parties may be acceptable; on the other hand, state interference may suffice with formulating some “requirements for parties to be transparent in their decision-making and to seek input from their membership when determining party constitutions and candidates”.
- Only convincing and compelling reasons can justify limitations on the freedom of association of political parties, and such limitations must be construed strictly. Any such limitations must be prescribed by law, pursue a legitimate aim recognized by international standards, necessary in a democratic society, and proportionate in measure and duration.
- The state shall not only (passively) respect the exercise of the freedom of association, but shall also actively protect and facilitate this exercise. The state shall protect political parties and individuals in their freedom of association from interference by non-state actors, inter alia by legislative means.
- Legal recognition to political parties must be granted on a non-discriminatory basis and in a timely manner that allows the effective exercise of the right to be elected and all of the related civil and political rights.
- Political pluralism is critical to ensuring effective democratic governance and providing citizens with a genuine opportunity to choose how they will be governed. Legislation regarding political parties should promote pluralism as a means of guaranteeing participation by all persons and groups, including minorities, in public life, which should also allow for the expression of opposition viewpoints and for democratic transitions of power.
- The recognition of political organizations as legal entities, with the right to seek elected office or to influence citizen choices on referenda and other ballot initiatives, is fundamental to democratic elections.