On admissibility
ii.
Declares that the Request for Advisory Opinion is admissible.
On the merits
On the decision to conduct or not conduct elections in the context of a public health
emergency or a pandemic
iii.
Finds that states may decide to conduct or not to conduct elections in the
context of a public health emergency or a pandemic. Such a decision
requires prior consultation with health authorities and political actors,
including representatives of civil society.
On the obligations of State Parties to ensure effective protection of citizens’ right to
participate in the government of their countries in the context of an election held during
a public health emergency or a pandemic, such as the Covid-19 crisis
iv.
Finds that measures restricting rights, applied by States in elections
conducted during a public health emergency or a pandemic, must, in
accordance with Article 27(2) of the Charter, be in the form of general law;
pursue a legitimate purpose; be proportionate; must not undermine the
essential content of rights; must not derogate the rights provided for in
Articles 6, 7, 8(1) and (2), in Articles 11, 15, 16 and 18, in accordance with
Article 4(2) of the ICCPR; and must not be discriminatory.
On the obligations of State Parties that decide to postpone elections because of a
public health emergency or a pandemic, such as the Covid-19 crisis
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