Summary
The right to security of the person applies to candidates.
Obligations
Election Parts
Quotes
- The Committee recommends that States parties: (f) Adopt a zero-tolerance policy towards all forms of violence that undermine women’s participation, including targeted violence by State and non- State groups against women campaigning for public office or women exercising their right to vote.
- Law enforcement officials involved in policing assemblies must respect and ensure the exercise of the fundamental rights of organizers and participants, while also protecting journalists, monitors and observers, medical personnel and other members of the public, as well as public and private property, from harm.
- [States should foster citizen participation in the electoral process by] requiring that political parties permanently refrain from exercising pressure, violence and intimidation on the population, and protecting voters and candidates against such threats. This requires strict compliance with the principle of secrecy of the ballot and application of dissuasive but proportionate sanctions against perpetrators of any of these violations.
- Each Party may limit the right of access to official documents. Limitations shall be set down precisely in law, be necessary in a democratic society and be proportionate to the aim of protecting: a. national security, defence and international relations; b. public safety; c. the prevention, investigation and prosecution of criminal activities; d. disciplinary investigations; e. inspection, control and supervision by public authorities; f. privacy and other legitimate private interests; g. commercial and other economic interests; h. the economic, monetary and exchange rate policies of the State; i. the equality of parties in court proceedings and the effective administration of justice; j. environment; or k. the deliberations within or between public authorities concerning the examination of a matter. Concerned States may, at the time of signature or when depositing their instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that communication with the reigning Family and its Household or the Head of State shall also be included among the possible limitations. 2. Access to information contained in an official document may be refused if its disclosure would or would be likely to harm any of the interests mentioned in paragraph 1, unless there is an overriding public interest in disclosure. 3. The Parties shall consider setting time limits beyond which the limitations mentioned in paragraph 1 would no longer apply.
- Democracy requires, in particular, the holding, at regular intervals, of free, fair and transparent elections, based on the respect and exercise, without any hindrance or discrimination, of the right to freedom and physical integrity for every voter and every candidate, the rights to freedom of opinion and expression, especially through the press and other communications media, freedom of assembly and demonstration, and freedom of association.
- Democracy requires, in particular, the holding, at regular intervals, of free, fair and transparent elections, based on the respect and exercise, without any hindrance or discrimination, of the right to freedom and physical integrity for every voter and every candidate, the rights to freedom of opinion and expression, especially through the press and other communications media, freedom of assembly and demonstration, and freedom of association.
- The overall approach to electoral security should reflect the principle that the ultimate objective of ensuring a safe and secure electoral environment is not to impose limitations, but to ensure that fundamental rights are not undermined and that they can be freely exercised. Security concerns should not be misused as justification for unduly restricting freedoms.
- Following their registration, candidates should not be subject to interference, including any pressure, coercion or intimidation, or attempts to force their withdrawal.
- Public security providers must ensure equal conditions and guarantee equal protection for all participants throughout an electoral process.
- The right of candidates to security with respect to their lives and property shall be recognized and protected.
- Increased security should be focused on candidates and polling sites. Increased security should be planned not just for election day, but also especially in the preelection period, and should continue into the post-election period where necessary.