Universal human rights
instruments of the
United Nations
2. Electoral justice and other related concepts
Figure 2.2. Examples of international human rights instruments that
establish electoral rights
Regional human rights
instruments*
Universal
Declaration of
Human Rights
of 1948
ARTICLES 20 and 21
Convention on the
Political Rights of
Women of 1952
ARTICLES 1, 2, 3
and 5
African Charter on
Human and Peoples’
Rights of 1981
ARTICLE 13
American
Declaration of the
Rights and Duties
of Man of 1948
ARTICLES 20, 21
and 22
International
Covenant on Civil
and Political Rights
of 1966
ARTICLES 2, 19, 21, 22
and 25
Convention on
the Elimination of
All Forms of
Discrimination
against Women
of 1979
ARTICLE 7
American
Convention
on Human Rights
of 1969
ARTICLE 23
First protocol
of the European
Convention for
the Protection of
Human Rights and
Fundamental
Freedoms of 1950
ARTICLE 3
* In addition, mention should be made of other regional instruments, such as the Charter of Paris for a New Europe
of 1990; articles 15 and 16 of the American Convention on Human Rights of 1969 (article 15 on the Right of Assembly
and article 16 on Freedom of Association); sections 5, 6, 7 and 8 of the Document of the Copenhagen Meeting of
the Conference on the Human Dimension of the Conference on Security and Co-operation in Europe of 1990 (CSCE,
although it is not binding); and other instruments that have emanated from international and intergovernmental
organizations, such as the Inter-Parliamentary Union’s Declaration on Criteria for Free and Fair Elections of 1994,
and the Harare Commonwealth Declaration of 1991.
35. Among the main electoral rights are the right to vote and to run for elective
office in free, fair, genuine and periodic elections conducted by universal,
free, secret and direct vote; the right to gain access, in equal conditions, to
elective public office; the right to political association for electoral purposes
(e.g. the right to establish or join or not join a political party or any other
grouping with electoral aims); and other rights intimately related to these,
such as the right to freedom of expression, freedom of assembly and petition,
and access to information on political-electoral matters. In general, electoral
rights realize the political right to participate in the conduct of public affairs,
directly or by means of freely elected representatives (see figure 2.3).
36. Electoral rights can be distinguished from other political rights that do
not refer to electoral matters. These include, for example:
• the right to participation in political affairs through a process which
does not involve electoral issues (for example appointments to public
positions by simple designation, without elections being required);
13