Access to Justice and Electoral Integrity I. Rule of law and access to justice as cornerstones of electoral integrity Introduction The challenges of preventing rigged elections, guaranteeing a level playing field during electoral competitions and correcting flaws in vote tabulation to ensure truly representative electoral processes are some of the main concerns by academics and practitioners who study democracy through elections.2 Less attention has been given to an essential democratic condition: the availability of mechanisms to uphold the rule of law and to promote and protect human rights linked to political participation and representation. Broad public access to justice at the local, national, regional and international levels must be available against violations to those rights, along with the corresponding reparation and remedies.3 Political rights are human rights;4 thus, the connection between the rule of law and electoral integrity is self-evident. For instance, regarding national action for elections with integrity, the Global Commission on Elections, Democracy and Security noted that: “The effort to protect and promote the integrity of elections has to be an ongoing commitment. Legal frameworks need to be reviewed to ensure that: there is a genuine opportunity for political contestants to compete fairly; effective remedies can be applied by administrative bodies and the courts; political competitors can turn to legal redress, rather than violence or other extra-legal measures; and citizens have confidence that they can overcome any 3

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