A/HRC/27/29
I. Introduction
1.
In paragraph six of its resolution 24/8, the Human Rights Council requested that the
Office of the High Commissioner for Human Rights prepare a study on factors that impede
equal political participation and on steps to overcome these challenges. The resolution asks
for the work of the special procedures, the treaty bodies and other international human
rights mechanisms to be taken into account in the study.
2.
Political and public participation rights play a crucial role in the promotion of
democratic governance, the rule of law, social inclusion and economic development, as
well as in the advancement of all human rights. The right to directly and indirectly
participate in political and public life is important in empowering individuals and groups,
and is one of the core elements of human rights-based approaches aimed at eliminating
marginalization and discrimination. Participation rights are inextricably linked to other
human rights such as the rights to peaceful assembly and association, freedom of
expression and opinion and the rights to education and to information.
3.
Obstacles to equal political and public participation exist in many contexts. These
barriers may include direct and indirect discrimination on grounds such as race, colour,
descent, sex, language, religion, political or other opinion, national, ethnic or social origin,
property, birth, disability, nationality or other status. Even when there is no formal
discrimination in connection with political or public participation, inequalities in access to
other human rights may impede the effective exercise of political participation rights.
4.
International human rights mechanisms have observed that women, indigenous
peoples, minorities, persons with disabilities, human rights defenders, non-citizens and
other marginalized or excluded individuals and groups are frequently unable to fully
participate in political and public affairs on an equal basis. This disadvantage is heightened
where multiple or intersecting grounds of discrimination are involved.1
5.
The present study will begin with an overview of the scope of participation rights in
international law. It will then look at restrictions on political and public participation rights
and at discrimination as major barriers to equal participation. The concluding section of the
study suggests some measures that could be taken to overcome the obstacles to equal
political and public participation that have been identified.
II. The scope of rights to participate in political
and public affairs
6.
The right to participate on a basis of equality in public and political life is a central
feature of the concept of inclusive democracy.2 The effective participation of all individuals
and groups in political and public affairs underpins the realization of human rights and
forms a central component of rights-based strategies aimed at eradicating discrimination
and inequalities (A/HRC/13/23, para. 28).
1
2
See, for example, A/HRC/13/23, para. 56; Committee on the Elimination of Discrimination against
Women, General Recommendation No. 28 (2010), para. 18; and Committee on the Elimination of
Racial Discrimination, General Recommendation No. 25 (2000).
See the Universal Declaration of Human Rights, article 21; Human Rights Committee, General
Comment No. 25 (1996), para. 21; and A/HRC/22/29, paras. 7–9.
3
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