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Access to Justice and Electoral Integrity on Civil and Political Rights, General Comment No. 13 Article 14: Equality before the Courts and the Right to a Fair and Public Hearing by an Independent Court Established by Law, 13 April 1984, para. 6. 26 Human Rights Committee on the International Covenant on Civil and Political Rights, General Comment No. 32 Article 14: Nature of the General Legal Obligation on States Parties to the Covenant, CCPR/C/21/Rev.1/Add.13, 29 March 2007, paras. 29, 30 27 Consultative Council of European Judges, Article 16 of the Magna Carta of Judges (Fundamental Principles) 2010. 28 Committee on the Elimination of Discrimination against Women (CEDDAW), General recommendation No. 33 on women’s access to justice, 3 August 2015, para. 1. 29 International IDEA, International Obligations for Elections: Guidelines for Legal Frameworks, p. 327. 30 Human Rights Committee on the International Covenant on Civil and Political Rights, General Comment No. 32 Article 14: Nature of the General Legal Obligation on States Parties to the Covenant, CCPR/C/21/Rev.1/Add.13, 29 March 2007, para. 15. 31 López Pintor, Rafael, Bureau for Development Policy UN Development Programme. Electoral Management bodies as institutions of governance. UNDP, 2000, p. 15-16. 32 Global Commission on Elections, Democracy and Security (2012). “Deepening Democracy. A strategy for improving the integrity of elections worldwide”. p. 24. 33 Bureau for Development Policy UN Development Programme. Electoral Management bodies as institutions of governance. UNDP, 2000, p. 121. Stock-Images Cover: Alexandru Nika/Shutterstock.com, Corgarashu/Shutterstock.com, Page 5: BikeRiderLondon/Shutterstock.com, Page 11: Rena Schild/Shutterstock.com, Page 13: Pierre Desrosiers/Shutterstock.com, Page 18: Ryan Rodrick Beiler/Shutterstock.com, Page 21: SergeyIT/Shutterstock.com, Page 22: Vchal/Shutterstock.com, Page 38: A Katz/Shutterstock.com 43

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Access to Justice and Electoral Integrity: A policy brief of the Electoral Integrity Initiative

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Legal Frameworks

Description: As other policy papers prepared by the EII, this paper reviews international standards and best practices in which key principles are applied at the crossroads of elections and human rights. It demonstrates the importance of an effective institutional framework that provides legal redress to protect and effectively exercise rights linked to political participation and representation, as well as the remedies and reparations of those violations. This paper does not present guidelines on choosing from a given set of mechanisms to implement the rule of law, but rather lays out an analytical compilation of approaches to the topic and how these have been carried out under different institutional frameworks. It aims to highlight the links and dynamics between effective, impartial, independent, timely and enforceable justice and electoral integrity. Elections are the established mechanism for the peaceful arbitration of political rivalry and transfers of power . In practice however, many elec-tions actually prove deeply destabilizing, sometimes triggering conflict and violence . This series of policy briefs is part of the Kofi Annan Foun-dation’s Electoral Integrity Initiative, which advises countries on how to strengthen the integrity and legitimacy of their electoral processes and avoid election related violence. Looking beyond technical requirements,the Foundation focuses on creating conditions for legitimate elections, making it possible to govern in a climate of trust and transparency.

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Author(s): Kofi Annan Foundation

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Kofi Annan Foundation - Access to Justice and Electoral Integrity.pdf
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Access to Justice and Electoral Integrity: A policy brief of the Electoral Integrity Initiative

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