A/HRC/30/26 I. Introduction 1. The Human Rights Council, in its resolution 27/24, requested the Office of the United Nations High Commissioner for Human Rights (OHCHR) to prepare a study on best practices, experiences and challenges and ways to overcome them with regard to the promotion, protection and implementation of the right to participate in public affairs in the context of the existing human rights law, with a view to identifying possible elements of principles guiding the implementation of that right, in consultation with States, relevant United Nations agencies, intergovernmental organizations, the treaty bodies, the special procedures, national human rights institutions, non-governmental organizations and other relevant stakeholders. Notes verbales were sent to all relevant stakeholders on 16 January 2015 and 66 responses were received. The contributions from stakeholders are available on the OHCHR website.1 2. Pursuant to the request made by the Council, the present study identifies challenges to political and public participation, presents ways to overcome those challenges and provides examples of experiences and best practices in that regard. It also draws conclusions from the contributions received from stakeholders, as well as from information from other sources, with a view to identifying elements guiding the implementation of the right to participate in public affairs. 3. The study, in particular sections II and III, should be read in conjunction with the report on factors that impede equal political participation and steps to overcome those challenges (A/HRC/27/29), which thoroughly examines the human rights framework and the jurisprudence of United Nations human rights mechanisms in relation to participation in political and public affairs. II. Human rights framework relating to equal participation in political and public affairs 4. Participation is a hallmark of democracy. It entails timely consultation so as to legitimize the exercise of State power. As articulated in article 25 of the International Covenant on Civil and Political Rights, the right to participation encompasses the rights of the individual to vote and to be elected; to take part in the conduct of public affairs; and to have access to public service. Other international human rights treaties contain similar provisions, which complement the Covenant.2 5. In its interpretation of the obligations of States under article 25 of the Covenant, the Human Rights Committee requires that positive measures be adopted to ensure the full, effective and equal enjoyment of participatory rights, including through inclusive, meaningful and non-discriminatory processes and mechanisms.3 States also should guarantee full and effective access to justice and redress mechanisms to people who have been unduly deprived of their right to participate in political and public affairs.4 1 2 3 4 SeeError! Hyperlink reference not valid.. See A/HRC/27/29, para. 8. A/HRC/27/29, para. 12 and Human Rights Committee, general comment No. 25 (1996) on the right to participate in public affairs, voting rights and the right to equal access to public service, paras. 12, 26 and 27. See also A/HRC/27/51, para. 61 and A/HRC/23/36, para. 24. See A/HRC/27/29, para. 16. 3

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