Dimension: 7.1.2 Candidacy, party and campaign rights and responsibilities
This dimension concerns the right of citizens to stand for election and to campaign on an equal basis with other candidates. This includes the freedom to reach out to voters and express political views, freedom of movement within a country to campaign, and access to the media.
Countries should ensure that individuals and groups have the right to join or form political parties. Any exceptions should be non-discriminatory, consistent with international obligations, and clearly defined by law. Once a political party is officially registered, it should have an equal chance to participate in the electoral process and to gain access to the ballot.
The legal framework should provide for the right to appeal regarding alleged violations of political and electoral rights – taking place before, during and after elections – to a competent and independent EMB and/or court. Time limits for lodging appeals should be short, but long enough to make an appeal possible. The time limit deciding on appeals should be equally short in order to allow for the effective restoration of electoral rights.
Aspiring goal
Assess your parliament against this dimension
Assessment criteria
No 1: Right to stand for election
The legal framework establishes that every eligible citizen has the right to stand for election, including as an individual candidate and/or as a member of a political party.
No 2: Right to join or form political parties
Individuals and groups have the right to join or form political parties in order to contest elections. Any exceptions to this right are non-discriminatory, consistent with international obligations, and clearly defined by law.
No 3: Right to appeal
The legal framework guarantees the right to appeal regarding alleged violations of political and electoral rights to a competent and independent body. The appeal procedure, as well as the powers and responsibilities of the bodies involved, are clearly regulated. The time limits for lodging and deciding on appeals are reasonably short.
How to complete this assessment
This dimension is assessed against several criteria, each of which should be evaluated separately. For each criterion, select one of the six descriptive grades (Non-existent, Rudimentary, Basic, Good, Very good and Excellent) that best reflects the situation in your parliament, and provide details of the evidence on which this assessment is based.
The evidence for assessment of this dimension could include the following:
- Provisions of the legal framework establishing that every citizen has the right to stand for election as an individual candidate and/or as a member of a political party
- Provisions of electoral law setting out all criteria for participation in elections
- Legal provisions regulating political funding
- Legal provisions regulating the electoral dispute resolution system
- Reports and media coverage showing actual practice
Where relevant, provide additional comments or examples that support the assessment.
Sources and further reading
- European Commission for Democracy Democracy The belief in freedom and equality between people, or a system of government based on this belief, in which power is held either by elected representatives or directly by the people themselves. Also, a basic right of citizenship to be exercised under conditions of freedom, equality, transparency and responsibility, with due respect for the plurality of views, and in the interest of the polity. through Law Law A body of rules of action or conduct prescribed by a controlling authority (usually passed by parliament), which has a binding legal force and must be obeyed and followed by citizens, subject to sanctions or legal consequences. Also, the whole body of binding customs, practices or rules of a community prescribed or formally recognized and enforced by a controlling authority. See also: Act of parliament, Bill, Law-making Law-making The legislative process or the act of legislating, i.e. the process by which laws are made. See also: Act of parliament, Law and Legislation Legislation A law or a set of laws that have been passed by parliament. The word is also used to describe the act of making a new law. See also: Act of parliament, Law and Law-making. . and Legislation Legislation A law or a set of laws that have been passed by parliament. The word is also used to describe the act of making a new law. See also: Act of parliament, Law and Law-making. . (Venice Commission), Code of good practice in electoral matters: Guidelines and explanatory report (2002).
- Guy S. Goodwin-Gill, Free and Fair Elections: New expanded edition (2006).
- International Institute for Democracy Democracy The belief in freedom and equality between people, or a system of government based on this belief, in which power is held either by elected representatives or directly by the people themselves. Also, a basic right of citizenship to be exercised under conditions of freedom, equality, transparency and responsibility, with due respect for the plurality of views, and in the interest of the polity. and Electoral Assistance (International IDEA), International Electoral Standards: Guidelines for reviewing the legal framework of elections (2002).
- International IDEA, Electoral Justice: The International IDEA Handbook (2010).
- International IDEA, International Obligations for Elections: Guidelines for Legal Frameworks (2014).
- International IDEA, Funding of Political Parties and Election Campaigns: A Handbook on Political Finance (2014).
- Inter-Parliamentary Union (IPU), “Declaration on Criteria for Free and Fair Elections”, adopted by the Inter-Parliamentary Council at its 154th session (1994).
- Organization for Security and Co-operation in Europe (OSCE), International Standards and Commitments on the Right to Democratic Elections: A Practical Guide to Democratic Elections: Best Practice (2002).
- United Nations Centre for Human Rights, Human Rights and Elections: A Handbook on the Legal, Technical and Human Rights Aspects of Elections (1994).
Get help with this assessment
The assessment of indicators involves diagnosing and considering strengths and weaknesses, i.e. the things parliament is doing well, and the things it could do better or more effectively, taking into account established good practices that are described in the indicators.
Read the assessment guidance to find out what to consider when conducting an assessment against the Indicators. Find out how to prepare, how to set the objectives of the assessment, how to organize the process, and more. Contact the project partners for expert advice.
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