Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
American Commission on Human Rights has stated, “political rights are
human rights of such importance that it prohibits their suspension.”8
These fundamental political rights provide the foundation for legitimate
governance, which can be achieved by the organization of elections.
Indeed, elections are human rights events;9 because elections are the
means by which the people express their political will, they are the most
important and most common mechanism for the implementation of the
right to participate in government.
The right to participate in government is also enshrined in every major international human rights convention. These conventions, which recognize
international standards in the area of human rights, specifically highlight
and discuss the importance of political participation and elections. Article
21, §1 of the Universal Declaration of Human Rights (UDHR) states that
“everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.”10 Additionally, the International Covenant on Civil and Political Rights (ICCPR) provides that:
Every citizen shall have the right and the opportunity, without any
of the distinctions mentioned in article 2 and without unreasonable
restrictions (a) to take part in the conduct of public affairs, directly
or through freely chosen representatives, (b) to vote and to be
elected at genuine periodic elections which shall be by universal
and equal suffrage and shall be held by secret ballot, guaranteeing
the free expression of the will of the electors.11
Castañeda Gutman v. Mexico, Case 12.535, Inter-Am. Comm’n H.R., Report No. 113/06,
¶¶ 92, 140 (2008).
9
U.N. Centre for Human Rights, Professional Training Series No. 2, Human Rights and Elections: A Handbook on the Legal, Technical and Human Rights Aspects of Elections, at v
(1994) [hereinafter Human Rights and Elections Handbook], available at http://www.ohchr.
org/Documents/Publications/training2en.pdf.
10
Universal Declaration of Human Rights, G.A. Res. 217 (III) A, art. 21, U.N. Doc. A/
RES/217(III) (Dec. 10, 1948) [hereinafter UDHR], available at http://www.un.org/en/documents/udhr/.
11
International Covenant on Civil and Political Rights, G.A. Res. 2200 (XXI) A, art. 25, U.N.
GAOR, 21st Sess., Supp. No. 16, U.N. Doc. A/6316, at 52 (Dec. 16, 1966), 999 U.N.T.S. 171
(entered into force Mar. 23, 1976) [hereinafter ICCPR], available at http://www2.ohchr.org/
english/law/ccpr.htm; ICCPR, supra, art. 2, ¶ 1; International Covenant on Economic, Social
and Cultural Rights, G.A. Res. 2200 (XXI) A, art. 2, ¶ 1, U.N. GAOR, 21st Sess., Supp. No.
16, U.N. Doc. A/6316, at 49 (Dec. 16, 1966), 993 U.N.T.S. 3 (entered into force Jan. 3, 1976)
[hereinafter ICESCR], available at http://www2.ohchr.org/English/law/cescr.htm.
8
12