Access to Justice and Electoral Integrity: A Policy Brief III. Electoral justice and the importance of remedies Electoral justice receives very little attention in the international assistance agenda: for donor agencies, supporting electoral dispute resolution or electoral justice mechanisms remains a complementary activity. When the priority becomes establishing the rules of the game, the role and resources to be attributed to its final arbiter is often neglected. The consolidation of a solid electoral justice system contributes to the integrity of the electoral process, advances democracy and rule of law and fosters confidence building. It has been thoroughly discussed that there is no ideal formula for organizing elections or solving complaints and guaranteeing free and fair participation in electoral processes. The myriad of institutions established for these purposes are designed based on different needs, contexts and degrees of institutionalisation. In any case, “in both new and older democracies, arguments advocating the establishment of independent electoral bodies highlight the importance of these structures in promoting democratic transparency and technical efficiency”31 – and, as the experience in Latin America shows, the argument could also be extended to judicial bodies which guarantee access to justice to protect political rights. This relationship between their independence and specialized nature with democratic transparency, highlight their role in strengthening, overall, the democratization process and in providing means for redress against violations of human rights. As an example, the creation of tribunals, specialised courts, juries, electoral boards or councils – often at the constitutional level – responsible for solving electoral disputes, has been a key element in the transition and consolidation of democracy within Latin America. 23

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