• administrative bodies
• judicial bodies
• legislative bodies
• international bodies
• ad hoc bodies
40. Electoral rights are generally vested in the citizen. In some countries
there is also a residence requirement, or people must prove that they have a
tie to the political-legal community concerned as a condition for exercising
electoral rights. Some countries grant electoral rights to resident foreigners.
New Zealand does so for all elections. Other countries, for example,
Argentina, Canada and Uruguay, do so for local elections, as do the countries
of the European Union under the terms of the European Convention on the
Participation of Foreigners in Public Life at Local Level of 1992.
41. Several countries have established specific provisions in their constitutions
or statute law to promote the right to gender equality in the electoral
realm, or even to uphold the electoral rights of women for the purpose
of guaranteeing them access to elective office on an equal basis. Several
international instruments also protect the electoral rights of women, such as
the Convention on the Political Rights of Women of 1952 and the Convention
on the Elimination of All Forms of Discrimination against Women of 1979
(see figure 2.2).
42. Generally, all stakeholders who consider that a given electoral action or
decision has a detrimental impact on them (e.g. a citizen or political party
considers that he, she or it has suffered prejudice) are entitled to lodge a complaint
(see chapter 7). Several EDRSs give political parties a predominant role when it
comes to defending electoral rights, and in some they are the only legal entities
entitled to challenge certain actions or decisions (e.g. election results), in which
case the candidate involved does not have the same right to challenge. In some
countries candidates are accorded the status of third-party plaintiffs at best, and
are therefore subject to the decisions of their political party.
43. A good practice for any EJS or EDRS is to establish the right of any natural
or legal person to bring a challenge before an administrative or judicial body
against any electoral act or decision that it considers prejudicial. This requires
an effective remedy before a previously established impartial tribunal, which
protects or restores in timely fashion the exercise or enjoyment of the electoral
right violated (see for example the 1966 International Covenant on Civil and
Political Rights, the 1969 American Convention on Human Rights and the
1950 European Convention on Human Rights). In any event, if an EDRS
17
2. Electoral justice and other related concepts
Box 2.2. Types of bodies in charge of protecting electoral rights