Realising political equality: the European Court of Human Rights and positive obligations in a democracy

Research output: Contribution to journalArticle

Abstract

The European Convention on Human Rights (ECHR) speaks of the importance of an“effective political democracy” in its Preamble, though it is only in the first protocolthat we find a right to free elections. Article 3 of Protocol 1 (P1-3) reads as follows: "The High Contracting Parties undertake to hold free elections at reasonableintervals by secret ballot, under conditions which will ensure the free expressionof the opinion of the people in the choice of the legislature."This paper discusses the role of “positive obligations” under P1-3. It identifiespositive obligations that might contribute to realising equal political rights in an effectivepolitical democracy.
LanguageEnglish
Pages263-279
JournalNorthern Ireland Legal Quarterly
Volume61
Issue number3
Publication statusPublished - 3 Sep 2010

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equality
obligation
human rights
election
democracy
ECHR
political right

Keywords

  • Political rights
  • European human rights law
  • European Court of Human Rights
  • political equality

Cite this

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abstract = "The European Convention on Human Rights (ECHR) speaks of the importance of an“effective political democracy” in its Preamble, though it is only in the first protocolthat we find a right to free elections. Article 3 of Protocol 1 (P1-3) reads as follows: {"}The High Contracting Parties undertake to hold free elections at reasonableintervals by secret ballot, under conditions which will ensure the free expressionof the opinion of the people in the choice of the legislature.{"}This paper discusses the role of “positive obligations” under P1-3. It identifiespositive obligations that might contribute to realising equal political rights in an effectivepolitical democracy.",
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Realising political equality: the European Court of Human Rights and positive obligations in a democracy. / O'Connell, Rory.

In: Northern Ireland Legal Quarterly, Vol. 61, No. 3, 03.09.2010, p. 263-279.

Research output: Contribution to journalArticle

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