(cont.)
In addition, everyone has the right to seek and receive information, including information
on procedures for filing complaints and on the essential findings, evidence presented
and the legal reasoning of a tribunal, even if the hearing is not open to the public.
b) The means for defending electoral rights
38. The distinction between electoral rights and other political rights is relevant
because of the different means established for protecting these rights in some legal
systems. While electoral rights may be protected or restored through the electoral
justice system or an electoral dispute resolution system, in some countries different
legal instruments and procedures exist for the protection of other political rights.
For example, in South Africa, the body of last resort for the defence of electoral
rights is the Electoral Court, whereas the body with jurisdiction over all other
fundamental political rights is the Supreme Court of Justice. In some other
countries, the same body may cover both. In several European countries, including
Germany and Spain, the lower organs for protecting rights vary, depending on
whether they are electoral rights or other political rights: however, the Constitutional
Court (Tribunal Constitucional) is the final arbiter in both cases.
39. The means used by different EDR systems to defend electoral rights are
described in detail in chapter 7. These may be entrusted to administrative
bodies, judicial bodies, legislative bodies, international bodies or, exceptionally, as
a provisional or transitional arrangement, to ad hoc bodies in order to overcome
a serious conflict situation in a country.
• Administrative bodies could generally be the EMB or EMBs in charge
of organizing the election.
• Judicial bodies could be regular courts that are part of the judicial
branch, or autonomous courts, such as constitutional courts or
councils, administrative law courts or specialized electoral courts that
are separate from any of the traditional legislative, executive or judicial
powers. Even though, strictly speaking, judicial bodies are courts that
are part of the judicial branch, for the purposes of this Handbook a
broader view is taken which encompasses other autonomous tribunals
such as those mentioned above.
• Legislative bodies could be the whole legislature or part of the legislature,
for example one of its committees.
• International bodies could be those with jurisdiction in countries
that have recognized an international or regional court, such as the
European Court of Human Rights or the Inter-American Court of
Human Rights, whose rulings are binding and must be adhered to by
the competent national bodies.
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