Home > 1.1.3 Submission of candidatures > MOLDOVA - Joint Opinion on Amendments to the Electoral Code and other Related Laws Concerning Ineligibility of Persons Connected to Political Parties Declared Unconstitutional
 
 
 
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Paragraph 27
 

Political rights of participation are enshrined in Article 3 of Protocol No. 112 to the European Convention on Human Rights; Article 25.b13 of the International Covenant on Civil and Political Rights (complemented by Article 2(1) on the prohibition of discrimination),14 Article 2115 of the Universal Declaration of Human Rights and the 1990 OSCE Copenhagen Document.16 In the specific case of the European Convention on Human Rights, the European Court of Human Rights has held that the right to free elections relates to the right to vote, and the passive aspect, namely the right to stand as a candidate for election.17 Article 25 ICCPR is of particular relevance for eligibility to be elected in presidential and local elections, which are not covered by Article 3 of Protocol No. 1 to the ECHR. In its General Comment on Article 25 of the ICCPR, the Human Rights Committee points to the connection between passive and active electoral rights: the effective implementation of the right and the opportunity to stand for elective office ensures that persons entitled to vote must have a free choice of candidates. The General Comment also emphasises that any restrictions on the right to stand for election must be justifiable on objective and reasonable criteria and that persons who are otherwise eligible to stand for election should not be excluded by unreasonable or discriminatory requirements such as education, residence or descent, or by reason of political affiliation.18 The General Comment further underlines that political opinion may not be used as grounds to deprive any person of the right to stand for election.