Chapter 5 - Areas of Assessment

Key universal treaty references

Treaty interpretation

ICCPR Obligation

ICCPR Interpretation (General Comment 25)

Free expression of the will of the electors (Article 25)

Where citizens participate in the conduct of public affairs through freely chosen representatives, it is implicit in article 25 of the ICCPR that those representatives do in fact exercise governmental power and that they are accountable through the electoral process for their exercise of that power. (GC 25 paragraph 7)

Periodic elections (Article 25)

Genuine periodic elections are essential to ensure the accountability of representatives for the exercise of the legislative or executive powers vested in them. (GC 25 paragraph 9)

Elections must be held at intervals which are not unduly long and which ensure that the authority of government continues to be based on the free expression of the will of electors. (GC 25 paragraph 9)

Key universal non-treaty references

UDHR

The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections. (Article 21.3)

Key universal treaty references

Treaty interpretation

ICCPR Obligation

ICCPR Interpretation (General Comment 25)

Obligation to give effect

Each State Party [to the ICCPR] undertakes to adopt such laws or other measures to give effect to the rights recognised in the Covenant. (ICCPR, article 2.2)

Every citizen shall have the right [...] (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors. (Article 25)

Any conditions which apply to the exercise of the rights protected by article 25 should be based on objective and reasonable criteria and may not be suspended or excluded except on grounds which are established by law and which are objective and reasonable. (GC 25 paragraph 4)

Participation through [elected] representatives is exercised through voting processes, which must be established and guaranteed by laws that are in accordance with fundamental freedoms and political rights. (GC 25 paragraph 8)

Freedoms of expression, assembly and association

Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. (Article 19.2)

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of the right to peaceful assembly other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. (Article 21)

Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. (Article 22.1)

Freedom of expression, assembly and association are essential conditions for the effective exercise of the right to vote and must be fully protected. (GC 25 paragraph 12)

Key universal non-treaty references UDHR

The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. (Article 21.3)

Key universal treaty references

Treaty interpretation

ICCPR Obligation

ICCPR Interpretation (General Comment 25)

Genuine elections

Every citizen shall have the right [...] (b) To vote and to be elected at genuine periodic elections [... ]

Although the ICCPR does not impose any particular electoral system, any system operating in a State party must be compatible with the rights protected by Article 25 and must guarantee and give effect to the free expression of the will of the electors. (GC25 paragraph 21)

Equal suffrage

Every citizen shall have the right [... ] (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage [... ]

The principle of one person, one vote, must apply, and within the framework of each State’s electoral system, the vote of one elector should be equal to the vote of another. The drawing of electoral boundaries and the method of allocating votes should not distort the distribution of voters or discriminate against any group and should not exclude or restrict unreasonably the right of citizens to choose their representatives freely. (GC 25 paragraph 21)

Affirmative measures

Temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discriminatory but shall in no way entail the maintenance of unequal or separate standards. (CEDAW Article 4)

Key universal non-treaty references UDHR

[...] periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. (Article 21.3)

Key universal treaty references

Treaty interpretation

ICCPR Obligation

ICCPR Interpretation

Genuine elections that reflect the free expression of the will of the elector

Every citizen shall have the right and opportunity [...] (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors. (Article 25)

An independent electoral authority should be established to supervise the electoral process and to ensure that it is conducted fairly, impartially and in accordance with established laws which are compatible with the Covenant. (GC 25 paragraph 20)

There should be independent scrutiny of the voting and counting process and access to judicial review or other equivalent process so that electors have confidence in the security of the ballot and the counting of the votes. (GC 25 paragraph 20)

Transparency / access to information

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

(Article 19)

To give effect to the right of access to information, States parties should proactively put in the public domain Government information of public interest. States parties should make every effort to ensure easy, prompt, effective and practical access to such information. States parties should also enact the necessary procedures, whereby one may gain access to information, such as by means of freedom of information legislation. The procedures should provide for the timely processing of requests for information according to clear rules that are compatible with the Covenant. Fees for requests for information should not be such as to constitute an unreasonable impediment to access to information. Authorities should provide reasons for any refusal to provide access to information. Arrangements should be put in place for appeals from refusals to provide access to information as well as in cases of failure to respond to requests.

(General Comment 34, paragraph 19)

Transparency / prevention of corruption

[Each State party shall] take such measures as may be necessary to enhance transparency in public administration, including with regard to its organization, functioning and decision-making processes, where appropriate. Such measures may include, inter alia:

(a) Adopting procedures or regulations allowing members of the general public to obtain, where appropriate, information on the organization, functioning and decision-making processes of its public administration and, with due regard for the protection of privacy and personal data, on decisions and legal acts that concern members of the public;

Key universal non-treaty references UDHR

The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections. (Article 21.3)

UN General Assembly Resolutions

[...] ensuring through legislation, institutions and mechanisms [...] the transparency and fairness of the electoral process. (UN General Assembly Resolution A/Res/55/96 article 1d,iv)

[...] improving the transparency of public institutions and policy-making procedures and enhancing the accountability of public officials. (UN General Assembly Resolution A/ Res/55/96 article 1f,i)

Key universal treaty references

Treaty interpretation

ICCPR Obligation

ICCPR Interpretation (General Comment 25)

Obligation to give effect

Each State Party [to the ICCPR] undertakes to adopt such laws or other measures to give effect to the rights recognised in the Covenant. (ICCPR, article 2.2)

Every citizen shall have the right [...] (a)
To take part in the conduct of public
affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors. (Article 25)

Voter education and registration campaigns are necessary to ensure the effective exercise of article 25 rights by an informed community. (GC 25 para. 11)

Positive measures should be taken to overcome specific difficulties, such as illiteracy, language barriers, poverty, or impediments
to freedom of movement which prevent persons entitled to vote from exercising
their rights effectively. Information and materials about voting should be available in minority languages. Specific methods, such as photographs and symbols, should be adopted to ensure that illiterate voters have adequate information on which to base their choice. (GC 25 paragraph 12)

Key universal treaty references

Treaty interpretation

ICCPR Obligation

ICCPR Interpretation (General Comment 25)

Universal suffrage

Every citizen shall have the right and the opportunity... without unreasonable restrictions: to vote [...] at genuine periodic elections which shall be by universal and equal suffrage (Article 25)

The right to vote at elections and referenda must be established by law and may be subject only to reasonable restrictions, such as setting a minimum age limit for the right to vote. (GC 25 paragraphs 4 and 10)

States must take effective measures to ensure that all persons entitled to vote are able to exercise that right. (GC 25 paragraph 11)

In contrast with other rights and freedoms (which apply to all individuals within the territory and subject to the jurisdiction of the State), ICCPR Article 25 protects the rights of “every citizen”. (GC 25 paragraph 3)

It is unreasonable to restrict the right to vote on the ground of physical disability or to impose literacy, educational or property requirements. Party membership should not be a condition of eligibility to vote, nor a ground of disqualification. (GC 25 paragraph 10)

The grounds for deprivation [of the right to vote] should be objective and reasonable. (GC 25 paragraph 14)

If conviction for an offence is a basis for suspending the right to vote, the period of such suspension should be proportionate to the offence and the sentence. Persons who are deprived of liberty but who have not been convicted should not be excluded from exercising the right to vote. (GC 25 paragraph 14)

Where registration of voters is required, it should be facilitated and obstacles to such registration should not be imposed. If residence requirements apply to registration, they must be reasonable, and should not be imposed in such a way as to exclude the homeless from the right vote. (GC 25 paragraph 11)

Key universal non-treaty references UDHR

The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage. (Article 21.3)

Key universal treaty references

Treaty interpretation

ICCPR Obligation

ICCPR Interpretation (General Comment 25)

Freedoms of expression, assembly and association

Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. (Article 19.2)

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of the right to peaceful assembly other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. (Article 21)

Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. (Article 22.1)

No restrictions may be placed on the exercise of the right to freedom of association other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right. (Article 22.2)

The full enjoyment of rights protected by article 25 requires freedom to engage in political activity individually or through political parties and other organizations. (GC 25 paragraph 25)

The right to freedom of association, including the right to form and join organizations and associations concerned with political and public affairs, is an essential adjunct to the rights protected by article 25. Political parties and membership in parties play a significant role in the conduct of public affairs and the election process. (GC 25 paragraph 26)

ICCPR Obligation

ICCPR Interpretation (General Comment 25)

Right to stand

Every citizen shall have the right and the opportunity [...] without unreasonable restrictions: to take part in the conduct of public affairs, directly or through freely chosen representatives. (Article 25)

Any restrictions on the right to stand for election, such as minimum age, must be justifiable on objective and reasonable criteria. Persons who are otherwise eligible to stand for election should

not be excluded by unreasonable or discriminatory requirements such as education, residence or descent, or by reason of political affiliation. (GC 25 paragraph 15)

The right of persons to stand for election should not be limited unreasonably by requiring candidates to be members of parties or of specific parties. (GC 25 paragraph 17)

Established mental incapacity may be a ground for denying a person the right to hold office. (GC 25 paragraph 4)

No person should suffer discrimination or disadvantage of any kind because of that person’s candidacy. (GC 25 paragraph 15)

Conditions relating to nomination dates, fees or deposits should be reasonable and not discriminatory. (GC 25 paragraph 16)

If a candidate is required to have a minimum number of supporters for nomination this requirement should be reasonable and not act as a barrier to candidacy. (GC 25 paragraph 17)

If there are reasonable grounds for regarding certain elective offices as incompatible with tenure of specific positions (e.g. the judiciary, high-ranking military office, public service), measures to avoid any conflicts of interest should not unduly limit the rights protected by Article 25. (GC 25 paragraph 16)

Key universal non-treaty references UDHR

Everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association. (Article 20)

Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (Article 21.1)

Key universal treaty references

Treaty interpretation

ICCPR Obligation

ICCPR Interpretation (GC 25, GC 34, and GC 37)

Freedoms of expression, assembly, association and movement

Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. (Article 19.2)

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of the right to peaceful assembly other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. (Article 21)

Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. (Article 12.1)

The full enjoyment of rights protected by article 25 requires freedom to debate public affairs, to hold peaceful demonstrations and meetings, to criticize and oppose, to publish political material, to campaign for election and to advertise political ideas. (GC 25 paragraph 25)

Among restrictions on political discourse that have given the Committee cause for concern are the prohibition of door-to-door canvassing, restrictions on the number and type of written materials that may be distributed during election campaigns, blocking access during election periods to sources, including local and international media, of political commentary, and limiting access of opposition parties and politicians to media outlets. Every restriction should be compatible with paragraph 3. However, it may be legitimate for a State party to restrict political polling imminently preceding an election in order to maintain the integrity of the electoral process. (GC34, Paragraph 37)

In circumstances of public debate concerning public figures in the political domain and public institutions, the value placed by the Covenant upon uninhibited expression is particularly high. Thus, the mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties, albeit public figures may also benefit from the provisions of the Covenant. Moreover, all public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism and political opposition. Accordingly, the Committee expresses concern regarding laws on such matters as, lese majesty, desacato, disrespect for authority, disrespect for flags and symbols, defamation of the head of state and the protection of the honour of public officials, and laws should not provide for more severe penalties solely on the basis of the identity of the person that may have been impugned. States parties should not prohibit criticism of institutions, such as the army or the administration. (GC34, Paragraph 38)

States must ensure that laws and their interpretation and application do not result in discrimination in the enjoyment of the right of peaceful assembly, for example on the basis of race, colour, ethnicity, age, sex, language, property, religion or belief, political or other opinion, national or social origin, birth, minority, indigenous or other status, disability, sexual orientation or gender identity, or other status. (GC37, Paragraph 25)

Having to apply for permission from the authorities undercuts the idea that peaceful assembly is a basic right.[1] Notification systems requiring that those who intend to organize a peaceful assembly must inform the authorities in advance and provide certain salient details are permissible to the extent necessary to assist the authorities in facilitating the smooth conduct of peaceful assemblies and protecting the rights of others. (GC37, Paragraph 70)

Where authorization regimes persist in domestic law, they must in practice function as a system of notification, with authorization being granted as a matter of course, in the absence of compelling reasons to do otherwise. Notification regimes, for their part, must not in practice function as authorization systems. (GC37, Paragraph 73)

Genuine elections that reflect the free expression of will of the electors. (Article 25)

Persons entitled to vote must be free to support or to oppose government, without undue influence or coercion of any kind which may distort or inhibit the free expression of the elector’s will. Voters should be able to form opinions independently, free of violence or threat of violence, compulsion, inducement or manipulative interference of any kind. (GC 25 paragraph 19)

Reasonable limitations on campaign expenditure may be justified where this is necessary to ensure that the free choice of voters is not undermined or the democratic process distorted by the disproportionate expenditure on behalf of any candidate or party. (GC 25 paragraph 19)

Voter education and registration campaigns are necessary to ensure the effective exercise of article 25 rights by an informed community. (GC 25 paragraph 11)

Transparency and prevention of corruption

Administrative and legal measures should be taken to improve transparency in campaign and political party financing. (UNCAC Article 7)

Key universal non-treaty references UDHR

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. (Article 19) Everyone has the right to freedom of peaceful assembly and association. (Article 20)

Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (Article 21.1)

The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. (Article 21.3)

Key universal treaty references

Treaty interpretation

ICCPR Obligation

ICCPR Interpretation

Freedom of expression

The right to freedom of expression shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. (Article 19.2)

The exercise of the right [to freedom of expression] carries with it special duties and responsibilities. It may therefore be subject to certain restrictions but these shall only be such as are provided by law and are necessary (a) for respect of the rights or reputations of others (b) for the protection of national security or of public order or of public health or morals. (Article 19.3)

In order to ensure the full enjoyment of rights protected by article 25, the free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. (GC 25 paragraph 25)

GC34 Paragraphs 39-42:

39. States parties should ensure that legislative and administrative frameworks for the regulation of the mass media are consistent with the provisions of paragraph 3. Regulatory systems should take into account the differences between the print and broadcast sectors and the internet, while also noting the manner in which various media converge. It is incompatible with article 19 to refuse to permit the publication of newspapers and other print media other than in the specific circumstances of the application of paragraph 3. Such circumstances may never include a ban on a particular publication unless specific content, that is not severable, can be legitimately prohibited under paragraph 3. States parties must avoid imposing onerous licensing conditions and fees on the broadcast media, including on community and commercial stations. The criteria for the application of such conditions and licence fees should be reasonable and objective, and otherwise in compliance with the Covenant. Licensing regimes for broadcasting via media with limited capacity, such as audio-visual terrestrial and satellite services should provide for an equitable allocation of access and frequencies between public, commercial and community broadcasters. It is recommended that States parties that have not already done so should establish an independent and public broadcasting licensing authority, with the power to examine broadcasting applications and to grant licenses.

40. The Committee reiterates its observation in general comment No. 10 that “because of the development of modern mass media, effective measures are necessary to prevent such control of the media as would interfere with the right of everyone to freedom of expression”. The State should not have monopoly control over the media and should promote plurality of the media. Consequently, States parties should take appropriate action, consistent with the Covenant, to prevent undue media dominance or concentration by privately controlled media groups in monopolistic situations that may be harmful to a diversity of sources and views.

41. Care must be taken to ensure that systems of government subsidy to media outlets and the placing of government advertisements are not employed to the effect of impeding freedom of expression. Furthermore, private media must not be put at a disadvantage compared to public media in such matters as access to means of dissemination/ distribution and access to news.

42. The penalization of a media outlet, publishers or journalist solely for being critical of the government or the political social system espoused by the government can never be considered to be a necessary restriction of freedom of expression.

Freedom of expression and the Internet

GC34 Paragraph 43:

Any restrictions on the operation of websites, blogs or any other internet-based, electronic or other such information dissemination system, including systems to support such communication, such as internet service providers or search engines, are only permissible to the extent that they are compatible with paragraph 3. Permissible restrictions generally should be content- specific; generic bans on the operation of certain sites and systems are not compatible with paragraph 3. It is also inconsistent with paragraph 3 to prohibit a site or an information dissemination system from publishing material solely on the basis that it may be critical of the government or the political social system espoused by the government.

Key universal non –treaty references UDHR

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. (Article 19)

Key universal treaty references

Treaty interpretation

ICCPR Obligations

ICCPR Interpretation (General Comment 25)

Right to an effective remedy

All persons whose rights or freedoms are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity. (Article 2.3.a)

Such a remedy shall [be] determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy. (Article 2.3.b)

There should be independent scrutiny of the voting and counting process and access to judicial review or other equivalent process so that electors have confidence in the security of the ballot and the counting of the votes. (GC 25 paragraph 20)

Any abusive interference with registration or voting, as well as intimidation or coercion of voters should be prohibited by penal laws, and those laws should be strictly enforced. (GC 25 paragraph 11)

The competent authorities shall enforce such remedies when granted.(Article 2.3.c)

Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. (Article 9.1)

Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. (Article 9.4)

Key universal non-treaty references UDHR

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. (Article 8)

No one shall be subjected to arbitrary arrest, detention or exile. (Article 9) Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. (Article 10)

Key universal treaty references

Treaty interpretation

Non-discrimination

ICCPR :

“to respect and to ensure to all individuals [...]the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. (Article 2.1 a)

to ensure the equal right of men and women to the enjoyment of all civil and political rights. (Article 3)

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex language, religion, political or other opinion, national or social origin, property, birth or other status. (Article 26)

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right [...] to use their own language. (Article 27)

ICCPR Interpretation (General Comment 25)

No distinctions are permitted between citizens in the enjoyment of these [electoral] rights on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. (GC 25 paragraph 3)

Information and materials about voting should be available in minority languages. (GC 25 paragraph 12) The drawing of electoral boundaries and the method of allocating votes should not distort the distribution of voters or discriminate against any group and should not exclude or restrict unreasonably the right of citizens to choose their representatives freely. (GC 25 paragraph 21)

CERD:

State Parties undertake [...] to guarantee the right of everyone, without distinction as to race, colour or national or ethnic origin, to equality before the law, notably in the enjoyment of (c) political rights, in particular the right to participate in elections [...] on the basis of universal and equal suffrage (d) other civil rights [including] (viii) the right to freedom of opinion and expression (ix) the right to freedom of peaceful assembly and association. (Article 5)

CERD Interpretation (CERD Committee General Recommendation 22)

All such refugees and displaced persons have, after their return to their homes of origin, the right to participate fully and equally in public affairs at all levels and to have equal access to public services and to receive rehabilitation assistance.

CEDAW

Temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discriminatory but shall in no way entail the maintenance of unequal or separate standards. (Article 4.1)

States shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure women,

on equal terms with men, the right: (a) to vote in all elections and public referenda and to be eligible for election to all publicly elected bodies; (b) to participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government; (c) to participate in non-governmental organizations and associations concerned with the public and political life of the country. (Article 7)

CEDAW Interpretation (CEDAW Committee General Recommendation 23)

Measures that should be identified, implemented and monitored for effectiveness include, under article 7, paragraph (a), those designed to: (c) Ensure that barriers to equality are overcome, including those resulting from illiteracy, language, poverty and impediments to women’s freedom of movement; (d) assist women experiencing such disadvantages to exercise their right to vote and to be elected.

CRPD

(Article 29)

States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake to:

(a) Ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by:

1.     (i)  Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;

2.     (ii)  Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;

3.     (iii) Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;

4.     (b) Promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:

5.     (i)  Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;

6.     (ii)  Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.

CRPD Interpretation CRPD Committee General comment No. 6

70. Exclusion from electoral processes and other forms of participation in political life are frequent examples of disability-based discrimination. They are often closely linked to denial or restriction of legal capacity. States parties should aim to:

(a) Reform laws, policies and regulations that systematically exclude persons with disabilities from voting and/or standing as candidates in elections;

(b) Ensure that the electoral process is accessible to all persons with disabilities, including before, during and after elections;

(c) Provide reasonable accommodation to individual persons with disabilities and support measures based on the individual requirements of persons with disabilities to participate in political and public life;

(d) Support and engage with representative organizations of persons with disabilities in political participation process at the national, regional and international levels, including by consulting with such organizations in matters that concern persons with disabilities directly;

(e) Create information systems and legislation that allow for the continuous political participation of persons with disabilities, including between elections.

Key universal nоп-treaty references UDHR

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust non-self-governing or under any other limitation of sovereignty. (Article 2)

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. (Article 7)

Key universal treaty references

Treaty interpretation

ICCPR Obligation

ICCPR Interpretation (General Comment25)

Freedoms of expression, assembly and association

Everyone shall have the right to freedom of expression; this right shall included freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. (Article 19.2)

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of the right to peaceful assembly other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. (Article 21)

Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. (Article 22.1)

No restrictions may be placed on the exercise of the right to freedom of association other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right. (Article 22.2)

Citizens take part in the conduct of public affairs by exerting influence through public debate and dialogue with their representatives of through their capacity to organize themselves. This participation is supported by ensuring freedom of expression, assembly and association. (GC25 paragraph 8 )

Genuine elections that reflect the free expression of the will of the electors

There should be independent scrutiny of the voting and counting process [...] so that electors have confidence in the security of the ballot and the counting of the votes. (GC 25 paragraph 20)

Key universal non-treaty references UDHR

Everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association. (Article 20)

Key universal treaty references

ICCPR Interpretation (General Comment 25)

ICCPR Obligation

Every citizen shall have the right and opportunity [...] (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors. (Article 25)

Right to vote

Positive measures should be taken to overcome specific difficulties, such as illiteracy, language barriers, poverty, or impediments to freedom of movement which prevent persons entitled to vote from exercising their rights effectively. Specific methods, such as photographs and symbols, should be adopted to ensure that illiterate voters have adequate information on which to base their choice. (GC 25 paragraph 12)

Assistance provided to the disabled,
blind or illiterate should be independent. Electors should be fully informed of these guarantees. (GC 25 paragraph 20)

Secret ballot

States should take measures to guarantee the requirement of the secrecy of the vote during elections, including absentee voting, where such a system exists. This implies that voters should be protected from any form of coercion or compulsion to disclose how they intend to vote or how they voted, and from any unlawful or arbitrary interference with the voting process. Waiver of these rights is incompatible with article 25 of the Covenant. (GC 25 paragraph 20)

Genuine elections that reflect the free expression of the will of the electors

Positive measures should be taken to overcome specific difficulties, such as illiteracy, language barriers, poverty, or impediments to freedom of movement which prevent persons entitled to vote from exercising their rights effectively... Specific methods, such as photographs and symbols, should be adopted to ensure that illiterate voters have adequate information on which to base their choice. (GC 25 paragraph 12)

Persons entitled to vote must be free to vote for any candidate for election without undue influence or coercion of any kind which may distort or inhibit the free expression of the elector’s will. Voters should be able to form opinions independently, free of violence or threat of violence, compulsion, inducement or manipulative interference of any kind. (GC 25 paragraph 19)

There should be independent scrutiny of the voting and counting process and access to judicial review or other equivalent process so that electors have confidence in the security of the ballot and the counting of the votes. (GC 25 paragraph 20)

Key universal non-treaty references UDHR

[...] periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. (Article 21.3)

UN General Assembly Resolution

[...] ensuring through legislation, institutions and mechanisms [...] the transparency and fairness of the electoral process. (UN General Assembly Resolution A/Res/55/96 article 1d,iv)

[...] improving the transparency of public institutions and policy-making procedures and enhancing the accountability of public officials. (UN General Assembly Resolution A/ Res/55/96 article 1f,i)

Key universal treaty references

Treaty interpretation

ICCPR Obligation

ICCPRS Interpretation (General Comment 25)

Genuine elections that reflect the free expression of the will of the electors

The results of genuine elections should be respected and implemented. (GC 25 paragraph 19)

The security of ballot boxes must be guaranteed and votes should be counted in the presence of the candidates or their agents. (GC 25 paragraph 20)

The grounds for the removal of elected office holders should be established by laws based on objective and reasonable criteria and incorporating fair procedures. (GC 25 paragraph 16)

Key universal non-treaty references UDHR

[...] genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. (Article 21.3)

UN General Assembly Resolutions

[...] ensuring through legislation, institutions and mechanisms [...] the transparency and fairness of the electoral process. (UN General Assembly Resolution A/Res/55/96 article 1d,iv)

[...] improving the transparency of public institutions and policy-making procedures and enhancing the accountability of public officials. (UN General Assembly Resolution A/ Res/55/96 article 1f,i)