Right to Participate in Government
Specific Instruments
  General Instruments
  Articles
  Websites
  Selected Case Law
  Case Law Websites
  Reports
  Books
  Periodicals
  Human Rigths Actors
The right to participate in government includes the right to vote and to be elected to office or otherwise to take part in public life. A part of this, the right to free elections implies the right to an electoral system that is "free and fair" (the much-debated standard generally entails periodicity of elections and secrecy of ballots), a real choice between different political programmes, and the availability of information about candidates. This right can be seen either as a right of individuals or a right of peoples, thus the right to free elections can be connected to the right of peoples to self-determination. Typically reserved for national law, international interference in election procedures or the selection of government remains controversial in terms of state sovereignty. States often allow or invite external electoral observation missions (UN, OSCE, NGOs, etc.) in order to increase international credibility and ensure a superficial legitimacy for the resulting governments.
     
Specific Instruments
Inter-American Convention on the Granting of Political Rights to Women
Date of adoption: 2/5/1948 Entry into force: 29/12/1954
System of protection: Organization of American States
Protocol N°1 to the Convention for the Protection of Human Rights and Fundamental Freedoms
Date of adoption: 20/3/1952 Entry into force: 18/5/1954
System of protection: Council of Europe
Convention on the Political Rights of Women
Date of adoption: 20/12/1952 Entry into force: 7/7/1954
System of protection: Universal
     
General Instruments
American Convention on Human Rights (Pact of San Jose, Costa Rica)
Date of adoption: 22/11/1969 Entry into force: 18/7/1978
System of protection: Organization of American States
International Covenant on Civil and Political Rights (ICCPR)
Date of adoption: 16/12/1966 Entry into force: 23/3/1976
System of protection: Universal
Charter of Fundamental Rights of the European Union
Date of adoption: 7/12/2000 Entry into force: -
System of protection: European Union
Universal Declaration of Human Rights (UDHR)
Date of adoption: 10/12/1948 Entry into force: -
System of protection: Universal
American Declaration of the Rights and Duties of Man
Date of adoption: 2/5/1948 Entry into force: -
System of protection: Organization of American States
African Charter on Human and Peoples' Rights (Banjul Charter)
Date of adoption: 27/6/1981 Entry into force: 21/10/1986
System of protection: Organization of African Unity
     
Articles
Examen de jurisprudence (1995-2000) Chapitre 7
Pierre-François DOCQUIR - Rusen ERGEC
Latest update: 28/10/2002 First published: 1/5/2002
Reference: R.C.J.B., 2002/1, pp. 85-229
The article reviews the whole of ECHR case law, from 1 January 1995 until 31 December 2000, highlighting the major threads and evolutions during this period.
     
Languages: English
Links to other sites that discuss democracy on and via the internet. E-democracy is defined as: "the use of information and communication technologies and strategies by democratic actors (governments, elected officials, the media...)..."
Languages: English
Links to Internet sites around the world which provide detailed national and local election statistics. Other election resources. Also contains updates and statistics on recent elections worldwide, and some articles about elections.
     
Selected Case Law
Constitutional Rights Project and Civil Liberties Organisation v. Nigeria
Date: 31/10/1998
Decision-making body: African Commission on Human and Peoples' Rights
Legal reference: Communication No. 102/93, in Annex V (Decisions on Communications) to the Twelfth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1998-1999 (ACHPR/RPT/12th).
Annulment of free elections - Arrests - Seizure of magazines - Violations of Articles 1 (respect for rights in the Charter), 6 (Liberty and Security), 9 (Freedom of expression and to receive information) and 13 (Right to participate in government).
Media Rights Agenda, Constitutional Rights Project, Media Rights Agenda and Constitutional Rights Project v. Nigeria
Date: 31/10/1998
Decision-making body: African Commission on Human and Peoples' Rights
Legal reference: Communications No. 105/93, 128/94, 130/94, 152/96, in Annex V (Decisions on Communications) to the Twelfth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1998-1999 (ACHPR/RPT/12th).
Proscribed publication of magazines and newspapers following annulment of 1993 elections - Freedom of Expression - Right to property - Violation of Articles 6, 9.1, 9.2, 7.1(c), 7.2, 14, and 16.
Peoples' Democratic Organisation for Independence and Socialism v. The Gambia (Report on an Amicable resolution)
Date: 10/1996
Decision-making body: African Commission on Human and Peoples' Rights
Legal reference: Communication No. 44/90, in Annex X (Communications) to the Tenth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1996-1997 (ACHPR/RPT/10th).
Voter registration - Alleged violation of Article 13 (Right to participate in government) - Change of government - Friendly settlement.
Jean Yaovi Degli (in the name of Caporal N. Bikagni), Union Interafricaine des Droits de l'Homme, Commission International de Juristes v. Togo
Date: 1995
Decision-making body: African Commission on Human and Peoples' Rights
Legal reference: Communications Nos. 83/92, 88/93, 91/93 (Joined), in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994-1995 (ACHPR/RPT/8th), at no. 13.
After sending a delegation to Togo, the Commission is satisfied that the new administration has dealt satisfactorily with the issues, which allegedly amounted to "serious and massive violations" under Article 58.
Labita v. Italy
Date: 6/4/2000
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 6 April 2000. Request n° 26772/95
Suspicion of participation in a mafia-type organisation - Declarations of a former mafioso - Acquittal - Upholding of strict surveillance measures - Absence of necessity - Freedom of movement - Right to participate in elections - Violations.
Matthews v. The United Kingdom
Date: 18/2/1999
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 18 February 1999, Rec. 1999-I. n° 24833/94.
Gibraltar - No European Parliamentary elections - Right to free elections - Notion of legislature - Role and functions of the European Parliament - Impact on Community law - Right violated in substance - Violation Art. 3, Prot. 1.
Joszef Debreczeny v. The Netherlands
Date: 4/4/1995
Decision-making body: Human Rights Committee
Legal reference: Communication No 500/1992 : Netherlands. 04/04/95. CCPR/C/53/D/500/1992
Incompatibility of holding both an elected local office and a position in the public service - No violation of Articles 25 and 26 - Reasonable and non-discriminatory restrictions - Objective criteria.
Gilberto François Croes v. The Netherlands
Date: 16/11/1988
Decision-making body: Human Rights Committee
Legal reference: Communication No. 164/1984 : Netherlands. 16/11/88. CCPR/C/34/D/164/1984
Attack on the physical integrity of a demonstrator by a police agent - Attack not prosecuted - Communication based on Articles 6, 9(1), 19, 21, 25 and 26 - Inadmissible - Possibility to bring a civil action.
Andre Alphonse Mpaka-Nsusu v. Zaïre
Date: 26/3/1986
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/27/D/157/1983
Attempt to establish a second political party in Zaire - Arbitrary detention - Persecution for political opinions - Violation of the freedom of movement and the right to participate in political life - Inadmissible based on Article 1.
C.F., M.L. and J.-L.L. v. Canada
Date: 12/4/1985
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/24/D/113/1981
Detained persons prohibited from voting - Communication was inadmissible based on Articles 2(1), 2(3) and 25 - Failure to exhaust domestic remedies.
Jorge Landinelli Silva et al. v. Uruguay
Date: 8/4/1981
Decision-making body: Human Rights Committee
Legal reference: Communication No. 34/1978 : Uruguay. 08/04/81. CCPR/C/12/D/34/1978
Membership of a political party declared illegal - Suspension of political rights for 15 years - Violation of Article 25 - Inapplicability of Article 4 (derogation justified by an exceptional public danger).
Luciano Weinberger Weisz v. Uruguay
Date: 29/10/1980
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/11/D/28/1978
Arbitrary arrest and detention - Cruel treatment - Deprivation of the right to participate in political activities for 15 years - Violation of articles 7, 9, 10, 14, 15, 19, 25 - Excessive restriction on the political rights of a criminal offender.
     
Case Law Websites
Commonwealth Human Rights Case Law Database (The)
Languages: English
Allows you to browse or search for summaries of recent human rights decisions from national courts in Commonwealth jurisdictions.
Council of Europe - Human Rights Web
Languages: English French
Search the case-law of the European Convention on Human Rights control bodies.
Inter-American Court of Human Rights
Languages: English Spanish
Search the case law of the Inter-American Court.
International Human Rights Law Database (The)
Languages: English
A resource for those seeking summaries and commentaries on international human rights case law, the database allows searches by text, 47 subjects, 81 states, 9 treaties, 9 decisionmaking bodies, and date. A powerful and quick database.
Legislationline
Languages: English
Compiles international texts and domestic legislation in the OSCE region dealing with the rule of law and the protection of human rights and fundamental freedoms. Accessible by topic, country, or through the search engine.
Repertorio de Jurisprudencia del Sistema Interamericano de Derechos Humanos
Languages: Spanish
Directory of the case law of the Inter-American Court 1980 - 1997.
     
Reports
empty
     
Books
Jurisprudence de la Cour Européenne des Droits de l'Homme
Vincent BERGER
Reference: Paris, Dalloz, 2000
Languages: French
Analytical summaries of the most important decisions rendered by the European Court of Human Rights since its creation in 1959. This book does not contain commentaries on the of the soundness of the decisions or the Court's reasoning.
La Grèce devant la Cour européenne des droits de l'homme
P. Lambert Ed.
Reference: Bruxelles, Droit & Justice, Bruylant, 2003
Languages:
Analysis of the European Court of Human Right's case-law concerning Greece.
     
Periodicals
empty
     
Human Rights Actors
Electoral Assistance Division of the Department of Political Affairs, United Nations (EAD)
http://www.un.org/Depts/dpa/ Type:United Nations System
Established in 1992, and responsible for coordinating UN system activities in the field of electoral assistance. Two-fold objective: assist member states in holding free and fair elections; build instutional capacities for free and fair elections.
European Parliamentarians for Africa (AWEPA)
http://www.awepa.org Type:Other
AWEPA works to support the well functioning of parliaments in Africa and to keep Africa on the political agenda in Europe.
Freedom House (FH)
http://www.freedomhouse.org Type:NGO (Non-Governmental Organization)
Non-profit, nonpartisan organization. Conducts research, advocacy, education, and training initiatives that promote human rights, democracy, free market economics, the rule of law, independent media, and U.S. engagement in international affairs.
Global Network for Good Governance ()
http://www.geocities.com/gngg2000/ Type:NGO (Non-Governmental Organization)
Organisation for the support of governmental and judicial transparency, the fight against corruption, the building of democratic institutions, and the guarantee of free and fair elections.
Humanitarian Law Center (HLC)
http://www.hlc.org.yu/ Type:NGO (Non-Governmental Organization)
A regional, non-profit NGO that monitors respect for human rights in Serbia, Montenegro and Kosovo. It advocates, investigates and reports on breaches of international humanitarian law, investigates human rights violations, and represents victims.
Inter-Parliamentary Union (IPU)
http://www.ipu.org/ Type:Other
Established in 1889, IPU is the international organization of Parliaments of sovereign States. Works for peace and co-operation among peoples and for the firm establishment of representative democracy.
International Foundation for Election Systems (IFES)
http://www.ifes.org/ Type:NGO (Non-Governmental Organization)
Provides comprehensive assistance to governments, citizens' groups, and NGOs in election planning and administration, in strengthening civic participation, in promoting democracy. Serves as an information clearinghouse on democratic development.
International IDEA (The International Institute for Democracy and Electoral Assistance) (IDEA)
http://www.int-idea.se/institute/inst-intro.html Type:Other
Global in membership and scope, independent of specific national interests, and quick in its response, International IDEA is an intergovernmental organization mandated to support the growth of genuine, sustainable democracy.
Open Society Institute (OSI)
http://www.soros.org/osi.html Type:NGO (Non-Governmental Organization)
A private operating and grantmaking foundation that develops and implements a range of programs in civil society, education, media, public health and human and women's rights, as well as social, legal, and economic reform. Active in 50+ countries.
OSCE Office for Democratic Institutions and Human Rights Election Section (ODIHR)
http://www.osce.org/odihr/elections/ Type:International or Regional Organization
Promoting democratic elections is one of ODIHR's four main activities. Deploys election observation missions in OSCE states, observing the entire electoral process before, during and after election day. Looks into all elements of an election.
OSCE Office of Democratic Institutions and Human Rights (ODIHR (OSCE))
http://www.osce.org/odihr Type:International or Regional Organization
Carries out projects, policy, publications and monitoring missions in the areas of human rights and democratization, minorities, institution-building, election observation, and more.
Rights & Democracy (International Centre for Human Rights and Democratic Development) ()
http://www.ichrdd.ca/ Type:Other
An independent Canadian institution with an international mandate to promote, advocate and defend democratic and human rights. Four thematic priorities: democratic development, women's rights, the rights of indigenous peoples, globalization and HR.
The Carter Center ()
http://www.cartercenter.org/ Type:NGO (Non-Governmental Organization)
Promotes peace through collaborative efforts to prevent and resolve conflicts, enhance freedom and human rights, and build strong democracies. Monitoring and mediating multiparty elections - Seeking solutions to conflicts - Supporting human rights.
The Electoral Institute of Southern Africa (EISA)
http://www.eisa.org.za/ Type:Other
Institute for democratic governance in Southern Africa, Africa and beyond.