- Under the European Convention on Human Rights, everyone has the right to elect the government of their country by secret vote. Without this, there can be no free and fair elections.
- The right to free elections is crucial to having an effective and meaningful democracy based on the rule of law.
- Judgments from the European court have obliged states to safeguard people’s free choice of their representatives and to uphold the right to vote and to stand for election.
Örnekler
End to automatic voting ban for people placed under guardianship
At first, Alajos Kiss did not realise that the situation he was in because of his mental health difficulties meant he had lost the right to vote. The European Court of Human Rights later ruled that Hungary’s blanket voting ban for people placed under partial guardianship was unfair. The Hungarian government responded to the judgment by ending the automatic ban.
Macaristan
An election candidate’s unfair disqualification leads to new rules on property declarations
Election authorities prevented Gagik Sarukhanyan from standing for parliament because he had failed to declare property he owned. The European court found that this had violated Gagik’s electoral rights, because he had had good reason to believe his declaration was correct. Armenia responded by removing the requirement for election candidates to declare such information before registration.
Ermenistan
Turkish Cypriots win the right to vote
The European Court of Human Rights found that Cyprus had prevented Ibrahim Aziz from voting and discriminated against him simply because he was Turkish Cypriot. The court ruled that Cyprus would have to make legal changes to secure Ibrahim’s right to vote, which it did in 2006, giving all Turkish Cypriots the right to vote and to stand in elections.
Kıbrıs
End to voting ban for certain types of prisoners
A jailed businessman complained that Turkey’s ban on prisoners voting breached his electoral rights. The European court agreed with Ahmet Söyler, finding that the restriction violated the human rights convention because it was applied in an “automatic and indiscriminate” way. This judgment led Turkey to lift the voting ban for certain types of prisoners.
Türkiye
Clearer rules for selecting national minority MPs
The European Court of Human Rights found that Romania’s election authorities had overlooked a representative of the Italian minority for a seat in parliament even though nationwide he was the community’s favourite. The judgment prompted Romania to bring in clearer rules about how parliamentary seats should be allocated to winning organisations representing national minorities.
Romanya
Protections against the arbitrary exclusion of voters in elections
The European Court of Human Rights found that Georgia breached a political party’s right to stand for election by disenfranchising 60,000 voters it might have relied upon for support. The court’s judgment in the Georgian Labour Party’s case led Georgia to change its election law, setting out clear criteria which must be met for the electoral authorities to annul results.
Gürcistan
Eski cumhurbaşkanının parlamento seçimlerine katılması ömür boyu yasaklandıktan sonra Anayasa değiştirildi
Eski cumhurbaşkanı Rolandas Paksas’ın görevden alınan bir devlet adamının seçimlere katılmasını engelleyen yasa değişikliğinden sonra parlamento seçimlerine katılması yasaklanmıştı. Avrupa mahkemesi hayat boyu sürecek bu yasağın Paksas’ın haklarını ihlal ettiğine karar verdi. Litvanya Avrupa mahkemesinin kararına yasağı geçici hale getiren bir anayasa değişikliğiyle cevap verdi.
Litvanya
Yerel halktan birinin AİHM’de açtığı tarihi davayı müteakiben, demokrasinin Mostar’a geri dönüşü
Irma Baralija gibi Mostar’da ikamet eden Mostar’lılar, on iki yıldır yasal bir açmaz nedeniyle yerel seçimlerde oy kullanamıyor veya aday olamıyorlardı. Irma, Bosna Hersek hükümetine karşı açtığı davayı AİHM’ye taşımaya karar verdi. AİHM Bosna Hersek hükümetinin seçimlerin yapılmasını sağlayamamasının, Irma’nın haklarını ihlal ettiğine hükmetti. Bosna Hersek hükümeti AİHM kararına cevaben...
Bosna Hersek
USEFUL LINKS
Factsheets on the case-law of the European Court of Human Rights:
Measures adopted and reported by States (Execution of judgments) PDF (721 Ko)
Prisoners’ right to vote PDF (205 Ko)
Right to vote PDF (223 Ko)