Access to Justice and Electoral Integrity
Electoral justice and specific key principles
The importance of the rule of law and access to justice is not limited to a
fair outcome of one´s search for a remedy for grievances in compliance
with human rights. When related to electoral processes, access to
justice is a necessary condition to promote democratic values
and human rights, as it guarantees the exercise of those rights
and, in case of violations, a means for redress.
In the adoption and implementation of the general key principles to
enhance access to justice, there are at least four elements that are particularly relevant for electoral justice:
A.
To recognize political rights as human rights, increasing the importance of addressing any abuse or undermining of these rights;
B.
To ensure due process and the right to a fair and public hearing;
C.
To clearly explain the reasoning behind the judgement; and
D.
To grant access to an effective remedy and redress.
Once these cardinal principles are established and observed, a number of
other principles enshrined in some UN and regional human rights treaties
find adequate protection through electoral justice mechanisms: right
and opportunity to vote and to be elected, equality between men and
women, freedom of association, the right to security of the person and
the right and opportunity to participate in public affairs. Electoral justice also guarantees a more thorough protection of a number of
fundamental freedoms like opinion and expression, freedom of
assembly, gender equality, transparency and right to information.
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