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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