other effective recourse, to a competent court or tribunal
for protection against acts that violate his [sic] fundamental
rights.”16 Based on this, the Inter-American Commission on
Human Rights has argued that in a democratic State, judges are the
main stakeholders responsible for achieving judicial protection of these
rights, as well as of the due process that must be observed when a State
establishes a sanction.17 The existence of an adequate mechanism for
the protection of fundamental rights and the role of judges as operators
and guardians of these mechanism are particularly relevant in electoral
processes. Hence, the importance of knowing, understanding and fulfilling the key principles which guide these processes, and which are readily
available in national laws and international standards.
Key principles and international standards
Independence and impartiality
Article 14.1 of the International Covenant on Civil and Political Rights
(ICCPR) and related jurisprudence of the Human Rights Committee
(CCPR)18 call upon legal frameworks of States Parties to guarantee the
independence and impartiality of tribunals. Legally predetermined procedures for the appointment and tenure of judges are required to promote
the independence, impartiality and competence of judicial bodies in order
to ensure equal treatment under the law.
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