Access to Justice and Electoral Integrity
II. Key principles for effective,
timely and impartial
administration of justice
Given the close relationship between the rule of law, access to justice and
electoral integrity, it is no surprise that the Global Commission underscored the importance of providing guarantees for political participation
and representation. The effectiveness of such guarantees is closely related
to the underlying principles that guide the action of those who hear and
adjudicate cases.
The Global Commission outlined its recommendations based on standards
built through decades of work by the international community. These
include documents with worldwide coverage, such as the Universal
Declaration of Human Rights and the International Covenant on Civil and
Political Rights, but also regional documents that have provided guidance
to States in shaping a Judiciary that provides effective, timely and neutral
administration of justice.
Article 2, paragraph 3 of the International Covenant on Civil and Political
Rights (ICCPR), requires that in addition to effective protection of Covenant rights, States parties must ensure that individuals also have accessible and effective remedies to vindicate those rights. “States must take
effective measures to ensure that all persons entitled to vote are able to
exercise that right. […] Any abusive interference with registration or voting
as well as intimidation or coercion of voters should be prohibited by penal
laws and those laws should be strictly enforced.”15
At the regional level, instruments such as the American Convention on
Human Rights include “the right to simple and prompt recourse, or any
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