A/HRC/30/26
restrictions, such as proof of residence or identity documents requirements, are likely to
prevent them from exercising their right to vote.43
35.
Lesbian, gay, bisexual, transgender and intersex individuals around the world face
multiple obstacles to assert their right to participate in the conduct of public affairs
including as a result of discrimination, stigma, violence, legal sanctions and arbitrary
restrictions on their freedom of expression, association, and peaceful assembly on the basis
of sexual orientation, gender identity or gender expression.44 In addition, since identity
documents are a pre-requisite to effective enjoyment of many human rights, including
electoral rights, transgender persons who are unable to obtain identity documentation that
reflects their preferred gender are de facto disfranchised.45
IV. Best practices and experiences with respect to the right to
participate in political and public affairs
36.
This section compiles best practices and experiences as reported by States, as well as
from other sources, on different forms of political and public participation. Public
participation processes have a number of benefits, including improved quality of policy and
legislative decisions that are reflective of real needs and enriched with firsthand experience
and expertise; enhanced potential for their successful implementation; and ultimately,
increased public trust in State institutions.46
A.
Right to vote and to be elected
37.
The features of electoral systems, including candidate lists, district size and
threshold levels, can have a major impact on inclusiveness and on the number of persons
from underrepresented groups elected to office.47 Ghana reported that its Representation of
the Peoples Law provided for dividing the country into smaller political units to facilitate
public participation. In an effort to facilitate voting for all individuals concerned, many
States have adopted alternative ways of voting, such as mobile polling stations, postal
voting, and advance voting. Australia deploys remote mobile polling teams across the
country — by road, air and sea — so that people in remote areas, including indigenous
communities, can vote. Poland created separate electoral districts at hospitals, social
welfare facilities, detention facilities and students’ halls of residence.
38.
Electronic voting, if accessible and when guaranteeing the secrecy of the ballot, may
also contribute to breaking down the barriers hindering political participation, notably of
persons with disabilities, and to increasing turnout. In Estonia, all voters can vote
electronically in any election from their homes or another location anywhere in the world.
The electronic voting website also provides support for persons with visual impairments.
39.
Many States have adopted quotas for underrepresented groups to attenuate
conditions that perpetuate substantive inequalities. In recent years, gender quotas have been
introduced in countries where women historically had limited participation in politics, as in
43
44
45
46
47
10
Human Rights Committee, general comment No. 25, para. 11; see also contribution from
International Organization for Migration, pp. 2–3.
A/HRC/29/23, paras. 48–49, 60–63.
See contribution from the Legal Resources Centre; and A/HRC/29/23, paras. 69 and 70.
See contributions from the European Centre for Not-for-Profit Law and International IDEA.
See contribution from United Nations Department of Political Affairs/Electoral Assistance Division.
See also International IDEA, Overcoming Political Exclusion: Strategies for marginalized groups to
successfully engage in political decision-making (Stockholm, 2013), p. 16.
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