A/HRC/22/29 take part in the conduct of public affairs, the right to vote and to be elected and to have access to public service, is inherently tied to other key rights and democratic principles, such as the right to freedom of expression (para. 12), non-discrimination (para. 3), and accountability (para. 9). B. Effectiveness of the rule of law and human rights as democratic benchmarks 23. The rule of law is anchored in a system of government aimed at establishing equality, limiting control and ensuring liberty. Such representative government is envisioned as producing a just social model with positive freedoms so that the principle of legality is itself an element of democracy.7 24. Thus, the principles of the rule of law, including the supremacy of the law, the independence and impartiality of the judiciary, legal certainty, equality, non-discrimination, the separation of powers, transparency and accountability are inseparable from those of a functioning democratic order. 25. Democracy constitutes a natural environment for the protection, promotion and effective realization of human rights and the achievement of justice. An objective assessment of the level of respect for human rights and the rule of law enables a proper evaluation of the state of democracy in a given country. In particular, evidence of access to and participation in public affairs and the expression of the people’s sovereign choice provide tangible indications of respect for democratic values and the effectiveness of governance institutions under a democratic order. 26. Respect for the rule of law and human rights is also illustrative of respect for the expression of the people’s will as the legitimate source of authority. In this context, all human rights, including civil, political or economic, social and cultural rights, should be granted the same level of relevance and legal protection. In parallel, compliance with the rule of law provides the most effective safeguards against bias, selectivity, arbitrariness and abuse of power. IV. Challenges to the securing of democracy 27. In recent decades, the world has witnessed a steady and increasing drive towards democracy. The number of democracies or countries in transition towards democracy has been on the rise in Southwestern Europe, Latin and Central America, Asia and the Pacific, Eastern and Central Europe, sub-Saharan Africa, the Middle East and North Africa. Throughout the post-cold-war, post-September 11, and post-Arab Spring eras, transitional processes have been underwritten by a continuous effort to secure democracy or democratization. The quantitative expansion of democracy and its contemporary centrality in global politics have not, however, brought an end to the threats that can endanger both nascent and established democracies. 28. The elements essential to democracy noted above can be challenged in these two contexts. The most salient features of democratic deficits are those caused by institutional impediments to democratic practice, deliberate encroachments on freedoms, limits to 7 Jesús Rodríguez Zepeda, Estado de derecho y democracia, 2nd ed. (Mexico City, Instituto Federal Electoral, 2001), p. 10. 7

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