A/HRC/30/26 6. The Human Rights Committee’s general comment No. 25 on article 25 of the Covenant, as well as jurisprudence adopted by the Committee and other treaty bodies provide guidance on the measures that States should take to implement the right to participate in political and public affairs. In recent years, there has been a progressive evolution of international human rights law and jurisprudence regarding the scope of this right, which has led many stakeholders to call for a revision of general comment No. 25.5 7. Free and fair elections constitute an imperative means of giving voice to the will of the people. Article 25 (b) of the Covenant recognizes the right of every citizen to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage, thereby underlining the importance of inclusivity and equality. The Human Rights Committee has clarified the essential elements of this right. Notably, it requires that States parties, in fulfilling their obligations under article 25 (b) of the Covenant, take positive measures to ensure the full, effective and equal enjoyment of electoral rights, without discrimination, as well as the freedoms of expression, information, assembly and association. Those are essential conditions for the effective exercise of the right to vote and must be fully protected.6 8. Wide-reaching restrictions or deprivations of electoral rights may not be compatible with guarantees of equality and non-discrimination under international law.7 The Human Rights Committee notes that the right to vote may be subject only to reasonable restrictions, such as setting a minimum age limit to vote. The Committee also notes that any restrictions on the right to stand for election must be justifiable on objective and reasonable criteria.8 In that regard, it states that any abusive or discriminatory interference with the registration of voters or candidates for public office and other elements of the electoral process should be prohibited by criminal law and that effective access to justice and appropriate remedies should be guaranteed for people who have been deprived of their political rights.9 9. International human rights instruments and mechanisms acknowledge the right of all people to be fully involved in and to effectively influence public decision-making processes that affect them. To ensure full and effective participation in political and public affairs on an equal basis, participatory mechanisms and processes must conform to certain principles. First of all, participatory mechanisms should be established by law10 and all stakeholders must have access to information in a timely and transparent manner, which implies that State authorities must make every effort to ensure easy, prompt, effective and practical access to information of interest to the public.11 Participation mechanisms and processes should be sufficiently resourced, non-discriminatory, inclusive and designed so that concerned groups, even the most marginalized, have the opportunity to voice their opinions. 5 6 7 8 9 10 11 4 See the contributions from International Disability Alliance, the European Centre for Not-for-Profit Law and the International Institute for Democracy and Electoral Assistance (International IDEA). Calls for a revision of general comment No. 25 were also made by The Carter Center and Democracy Reporting International, Strengthening international law to support democratic governance and genuine elections (April 2012). See Human Rights Committee, general comment No. 25, paras. 12, 26 and 27 and A/HRC/27/29, para. 12. See A/HRC/27/29, para. 10. Human Rights Committee, general comment No. 25, paras. 10 and 15. Ibid., paras. 10–13; also A/HRC/27/29, para 16. Human Rights Committee, general comment No. 25, para. 5. See Human Rights Committee, general comment No. 34 (2011) on freedoms of opinion and expression (art. 19), para. 19.

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