A/HRC/30/26 10. Public participation rights encompass the right to be consulted at each phase of legislative drafting and policymaking; to voice opinions and criticism; and to submit proposals aimed at improving the functioning and inclusivity of all State bodies.12 11. Participation requires a long-term and genuine commitment to engage in processes of intensive dialogue regarding the development of policies, programmes and measures in all relevant contexts.13 The Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters is a good example of the recognition of the right to participation. It links environmental rights with human rights, in particular the right to participation, and is based on three pillars – access to information, public participation in decision-making and access to justice in environmental matters.14 12. Article 25 of the International Covenant on Civil and Political Rights also recognizes the right and the opportunity of citizens to have access, on general terms of equality, to public service. To ensure equal access, the criteria and processes for appointment, promotion, suspension and dismissal must be objective and reasonable. Affirmative measures may be taken in appropriate cases to ensure that there is equal access to public service for all citizens.15 13. Participation in political and public affairs underpins the realization of all human rights and is inextricably linked to them. It cannot be considered in a vacuum without taking into consideration structural issues such as poverty or literacy levels. States’ contribution to this study confirm that the respect and full exercise of the rights to freedoms of opinion and expression, association and peaceful assembly, and the rights to information, education and access to justice, are prerequisites to an enabling environment for participation in the conduct of political and public affairs.16 Closing the “digital divide” is also essential to give full effect to the right to participate in political and public affairs, notably to allow disadvantaged groups to obtain information and express their grievances by using new communications technologies.17 III. Challenges to the right to participate in political and public affairs 14. Restrictions to the right to participate in political and public affairs, while permissible, must be objective, reasonable, non-discriminatory and provided for by law.18 As with other political rights, such as freedoms of assembly and association, opinion and expression, any restrictions must be necessary and proportionate. The “essence” of the right 12 13 14 15 16 17 18 See Convention on the Rights of Persons with Disabilities; Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, art. 8; also A/HRC/13/23, paras. 31–33 and 52. A/HRC/23/36, paras. 26 and 79. Economic Commission for Europe, The Aarhus Convention: an implementation guide (New York/Geneva, 2000) p. 19. A/HRC/19/36, para. 12. A/HRC/27/29, paras. 22–30. A/HRC/17/27, paras. 60–66. Human Rights Committee, general comment No. 25, para. 4. 5