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
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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.
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