European Convention on Human Rights
17.
The general significance of A3P1 was summarised by Lord Collins in a
judgment with which all members of the Court agreed in R (Barclay) v Lord
Chancellor and Secretary of State for Justice [2009] UKSC 9, [2010] 1 AC 464,
para 52. I need only to set out parts of his summary, omitting also some of the case
references:
“53. First, article 3 of the First Protocol enshrines a characteristic
principle of an effective democracy. ….
54. Second, although article 3 is phrased in terms of the obligation of
the contracting states to hold elections which ensure the free
expression of the opinion of the people rather than in terms of
individual rights, article 3 guarantees individual rights, including the
right to vote and the right to stand for election ….
55. Third, there is room for ‘implied limitations’ on the rights
enshrined in article 3, and contracting states must be given a wide
margin of appreciation in this sphere: Mathieu-Mohin v Belgium
(1987) 10 EHRR 1, para 52; Yumak v Turkey (2008) 48 EHRR 61,
para 109(ii).
56. Fourth, the content of the obligation under article 3 varies in
accordance with the historical and political factors specific to each
state; …..
57. Fifth, article 3 is not (by contrast with some other Convention
rights, such as those enumerated in articles 8 to 11) subject to a
specific list of legitimate limitations, and the contracting states are
therefore free to rely in general in justifying a limitation on aims
which are proved to be compatible with the principle of the rule of
law and the general objectives of the Convention: Yumak, para 109
(iii); Tanase v Moldova (Application No 7/08) (unreported) given 18
November 2008, para 105.
58. Sixth, limitations on the exercise of the right to vote or stand for
election must be imposed in pursuit of a legitimate aim, must not be
arbitrary or disproportionate, and must not interfere with the free
expression of the opinion of the people in the choice of the
legislature: Yumak, para 109(iii) to (iv).
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