A/HRC/19/36
Citizens may take part in the conduct of public affairs by exerting influence through public
debate and dialogue with their representatives or through their capacity to organize
themselves.
A.
Right to vote and to be elected
7.
The right to vote is arguably the most important political right. Genuine periodic
elections are essential to ensure the accountability of representatives for the exercise of the
legislative or executive powers vested in them. Such elections must be held at intervals
which are not unduly long and which ensure that the authority of government continues to
be based on the free expression of the will of electors.
8.
No citizen can be hindered or restricted de jure or de facto in the enjoyment of
political rights on the grounds of race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status. However, restrictions to
the exercise of political rights are permissible, provided that they are established by law and
based on objective and reasonable criteria.
B.
Right to participate in the conduct of public affairs
9.
Participation in the conduct of public affairs, referred to in article 25 (a) of the
International Covenant on Civil and Political Rights, is a broad concept that relates to the
exercise of legislative, executive and administrative powers. It covers all aspects of public
administration, and the formulation and implementation of policy at international, national,
regional and local levels. It also covers participation in public debates and peaceful
demonstrations. The allocation of powers and the means by which individual citizens
exercise the right to participate in the conduct of public affairs should be established by the
constitution and other laws.
10.
The right to participate in the conduct of public affairs can be exercised “directly or
through freely chosen representatives”. Citizens participate directly in the conduct of public
affairs when they exercise power as members of legislative or executive bodies, when they
choose or change their constitution or decide public issues through a referendum or another
electoral process. Participation through freely chosen representatives is exercised mainly
through the exercise of voting rights.
C.
Right to have access to public service
11.
Subparagraph (c) of article 25 deals with the right and the opportunity of citizens to
have access, on general terms of equality, to public service positions. This provision
permits farther-reaching restrictions than those allowable for the right to vote and be
elected. In addition to the “reasonable” restrictions permissible for all political rights,
access to public service is moreover guaranteed only “on general terms of equality”.
Therefore, States parties are not precluded from placing conditions on access to public
service, such as minimum age, level of education, standard of integrity or special
qualifications.
12.
To ensure access on general terms of equality, 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.
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