(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. 16

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