A/HRC/30/26
6.
The Human Rights Committee’s general comment No. 25 on article 25 of the
Covenant, as well as jurisprudence adopted by the Committee and other treaty bodies
provide guidance on the measures that States should take to implement the right to
participate in political and public affairs. In recent years, there has been a progressive
evolution of international human rights law and jurisprudence regarding the scope of this
right, which has led many stakeholders to call for a revision of general comment No. 25.5
7.
Free and fair elections constitute an imperative means of giving voice to the will of
the people. Article 25 (b) of the Covenant recognizes the right of every citizen to vote and
to be elected at genuine periodic elections which shall be by universal and equal suffrage,
thereby underlining the importance of inclusivity and equality. The Human Rights
Committee has clarified the essential elements of this right. Notably, it requires that States
parties, in fulfilling their obligations under article 25 (b) of the Covenant, take positive
measures to ensure the full, effective and equal enjoyment of electoral rights, without
discrimination, as well as the freedoms of expression, information, assembly and
association. Those are essential conditions for the effective exercise of the right to vote and
must be fully protected.6
8.
Wide-reaching restrictions or deprivations of electoral rights may not be compatible
with guarantees of equality and non-discrimination under international law.7 The Human
Rights Committee notes that the right to vote may be subject only to reasonable restrictions,
such as setting a minimum age limit to vote. The Committee also notes that any restrictions
on the right to stand for election must be justifiable on objective and reasonable criteria.8 In
that regard, it states that any abusive or discriminatory interference with the registration of
voters or candidates for public office and other elements of the electoral process should be
prohibited by criminal law and that effective access to justice and appropriate remedies
should be guaranteed for people who have been deprived of their political rights.9
9.
International human rights instruments and mechanisms acknowledge the right of all
people to be fully involved in and to effectively influence public decision-making processes
that affect them. To ensure full and effective participation in political and public affairs on
an equal basis, participatory mechanisms and processes must conform to certain principles.
First of all, participatory mechanisms should be established by law10 and all stakeholders
must have access to information in a timely and transparent manner, which implies that
State authorities must make every effort to ensure easy, prompt, effective and practical
access to information of interest to the public.11 Participation mechanisms and processes
should be sufficiently resourced, non-discriminatory, inclusive and designed so that
concerned groups, even the most marginalized, have the opportunity to voice their opinions.
5
6
7
8
9
10
11
4
See the contributions from International Disability Alliance, the European Centre for Not-for-Profit
Law and the International Institute for Democracy and Electoral Assistance (International IDEA).
Calls for a revision of general comment No. 25 were also made by The Carter Center and Democracy
Reporting International, Strengthening international law to support democratic governance and
genuine elections (April 2012).
See Human Rights Committee, general comment No. 25, paras. 12, 26 and 27 and A/HRC/27/29,
para. 12.
See A/HRC/27/29, para. 10.
Human Rights Committee, general comment No. 25, paras. 10 and 15.
Ibid., paras. 10–13; also A/HRC/27/29, para 16.
Human Rights Committee, general comment No. 25, para. 5.
See Human Rights Committee, general comment No. 34 (2011) on freedoms of opinion and
expression (art. 19), para. 19.
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