Interpreting democratic rights: the jurisprudence of the UN treaty bodies on the right to vote and be elected

Abstract

This article analyses the jurisprudence of treaty bodies on human rights in the context of elections when addressing individual complaints on key issues: the right to vote without discrimination, to stand for election, freedom of expression, and the right to an effective remedy. It analyses some treaty body decisions to determine the extent to which they expand the interpretation of international human rights law as it relates to democratic rights. The research finds that treaty bodies’ rulings can strengthen international standards for election observation and provide a framework for government agencies, national election commissions, and international organizations tasked with election observation. This can help improve the performance and efficiency of human rights monitoring during elections, overcome obstacles that may hinder the work of election management bodies and their observers, and enhance their ability to uphold international human rights standards related to elections.