APPENDIX
INTERNATIONAL ELECTION DISPUTES STANDARDS
Introduction
There are no international election disputes standards per se. Resolving election disputes
involves international standards that are to be found across the wider spectrum of electionrelated rights and rules and those associated with due process of law requirements and
judicial independence.
The recognition of the rights associated with voting requires a judicial or administrative
response to their potential denial. The right to challenge decisions, actions or failures to act in
connection with an election, may therefore be considered as part of these rights. However, the
right to seek redress is of little value without, among other things, an impartial and
independent judiciary that can enforce the laws equitably and efficiently. This also infers that
the requirements of due process of law are met by fair procedures, including notice to the
defendant and an open trial before a competent tribunal with the right to counsel.
Therefore, the international texts and conventions compiled below are presented in two
sections. The first section sets out the human rights standards related to elections while the
second section is focused on standards referring to due process of law and judicial
independence. This presentation gives an overview of the spectrum of rights and principles
involved in the resolution of election disputes.
These standards are based primarily on OSCE commitments, and generally accepted
international standards, which have been developed based on international legal instruments
such as the Universal Declaration of Human Rights (1948), the International Covenant on
Civil and Political Rights (1966), and the European Convention for the Protection of Human
Rights and Fundamental Freedoms (1950) and the protocols thereto.
25