A/HRC/27/29
stateless persons and asylum seekers enjoy other participation rights such as the freedoms
of association and peaceful assembly, expression and opinion, and the rights to information
and education.31 The Human Rights Committee has reiterated that protections for the rights
of persons belonging to national or ethnic, religious and linguistic minorities under article
27 of the International Covenant on Civil and Political Rights apply to both non-citizens
and citizens, except for those rights that are expressly limited to citizens.32
38.
The Special Rapporteur on the rights to freedom of peaceful assembly and
association argues that citizenship-related limitations on voting and other electoral rights
make the promotion and protection of associated rights to political and public participation
even more important. The Special Rapporteur states that “[a]n individual’s lack of
citizenship or legal status does not mean that she or he should have no voice whatsoever in
the political, economic or social affairs of her or his country of residence … groups that are
disenfranchised from mainstream political activities, such as voting and holding office,
have an even greater need for alternative means to participate in the public sphere” (see
A/HRC/26/29, para. 25).
39.
The former Special Rapporteur on the human rights of migrants emphasized that
while steps should be taken to facilitate the acquisition of formal citizenship, in order to be
effective, a range of other measures to enable full participation in political life should
complement these. The Special Rapporteur notes that “groups of migrant origin are
frequently underrepresented in the political process even when most of their members are
nationals” (A/HRC/17/33, para. 65).
40.
International human rights mechanisms have also repeatedly called on States of
origin to promote and facilitate participation in public and political life by citizens residing
abroad through the adoption of specific legislative and awareness-raising programmes (see
CMW/C/CHL/CO/1, para. 48, and A/HRC/20/24/Add.1, para. 72 (f)).
IV.
Equality in the exercise of political participation rights
41.
Non-discrimination and equality are fundamental principles of international human
rights law and they are essential to the enjoyment of all human rights. Exclusion,
marginalization and discrimination cannot be effectively addressed unless all people are
provided with meaningful opportunities to exercise their rights to participate in political and
public life and other related rights. Discriminatory restrictions on political and public
participation rights serve to further marginalize and exclude different groups by depriving
them of avenues for challenging and redressing the disadvantages they face (see
A/HRC/26/29, para. 15).
42.
Each of the core international human rights treaties explicitly prohibits both formal
(de jure) and substantive (de facto) discrimination.33 Discrimination has been defined as
“any distinction, exclusion, restriction or preference which is based on any ground such as
31
32
33
10
See Committee on the Elimination of Racial Discrimination, General Recommendation No. 30(2004),
para. 35; International Convention on the Protection of the Rights of all Migrant Workers and
Members of Their Families, articles 26, 40 and 41; A/58/40(Vol. I), para. 79; CERD/C/JOR/CO/1317, para. 13; CERD/C/CZE/CO/7; and CERD/C/EST/CO/7.
See Human Rights Committee General Comment No. 23 (1994), para. 5.1.
See, for example, International Covenant on Civil and Political Rights (arts. 2 and 26); International
Covenant on Economic, Social and Cultural Rights (art. 2); International Convention on the
Elimination of All Forms of Racial Discrimination (art. 1); Convention on the Elimination of All
Forms of Discrimination Against Women (art. 1); and Convention on the Rights of Persons with
Disabilities (art. 2).
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