Charter” 33 as an indispensable condition for the stability, peace, and development of the region. 34 The IACHR has stressed that only by means of the effective exercise of democracy can the observance of human rights be fully guaranteed. 35 51. The Inter-American Democratic Charter stipulates that: “Essential elements of representative democracy include, inter alia, respect for human rights and fundamental freedoms, access to and the exercise of power in accordance with the rule of law, the holding of periodic, free, and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people, the pluralistic system of political parties and organizations, and the separation of powers and independence of the branches of government.” 36 52. Article 23 of the American Convention recognizes political rights and protects political participation through the right to active suffrage, as well as the right to passive suffrage, the latter understood as running for publicly elected office, as well as the right to equal access to a country’s public service. 37 This article not only provides that its beneficiaries must enjoy rights, it also adds the word opportunities. The latter entails the obligation of guaranteeing, on the basis of positive measures, that every person who is formally a holder of political rights must enjoy real opportunities for exercising them. 38 53. The Inter-American Court has stressed that instituting and applying requirements for exercising political rights is not, per se, an undue restriction of political rights. These rights are not absolute and may be subject to limitations. Their regulation should respect the principles of legality, legitimate purpose, suitability, necessity, and proportionality. 39 In particular, the Inter-American Court has emphasized that: The right and opportunity to vote and to be elected embodied in Article 23(1)(b) of the American Convention is exercised regularly in genuine periodic elections by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters. Over and above these characteristics of the electoral process (genuine periodic elections) and of the principles of the suffrage (universal, equal, secret, that reflect the free expression of the will of the people), the American Convention does not establish a specific mechanism or a particular electoral system by which the right to vote and to be elected must be exercised (…). The Convention merely establishes certain standards within which the States legitimately may and must regulate political rights, provided that these regulations comply with the requirements of legality, are designed to fulfill a legitimate purpose, and are necessary and proportionate; that is, they are reasonable according to the principles of representative democracy. Lastly, the right to have access to public office in general conditions of equality protects access to a direct form of participation in the design, development and execution of State policies through public office. It is understood that these general conditions of equality refer to both access to public office by popular election, and to appointment or designation. 40 54. The Commission has recognized that “the exercise of political rights is an essential element of representative democracy” and has stated the need to hold “authentic and free” elections, indicating that there is “a direct link between this electoral mechanism and the system of representative democracy.” According to the Commission, as part of the authenticity of the elections referred to in Article 23(2) of the American Convention, in the positive sense, there must be consistency between the will of the voters and the result of the I/A Court H.R. Case of López Lone et al. v. Honduras. Preliminary Objection, Merits, Reparations, and Costs. Judgment of October 5, 2015. Series C No. 302, para. 149. 34 Preamble, OAS Charter. 35 IACHR, Annual Report of the Inter-American Commission on Human Rights 1985-1986, OEA/Ser. L/ V/II, 68. Doc. 8, Rev. 1, September 26, 1986, and Report on the Right to Truth in the Americas, OEA/Ser.L/V/II. 152, August 13, 2014. 36 Inter-American Democratic Charter, Article 3. 37 IACHR, Report No. 92/09, Case 12.668, Merits, Leopoldo López Mendoza, Venezuela, August 8, 2009, para. 64. 38 I/A Court H.R. Case of Castañeda Gutman v. United Mexican States. Preliminary objections, merits, reparations and costs. Judgment of August 6, 2008. Series C no. 184, para. 145. 39 Among others, see I/A Court H.R. Case of Yatama v. Nicaragua. Preliminary objections, merits, reparations and costs. Judgment of June 23, 2005. Series C No. 127, para. 206. 40 I/A Court H.R. Case of Castañeda Gutman v. United Mexican States. Preliminary objections, merits, reparations and costs. Judgment of August 6, 2008. Series C No. 184, paras. 149-150. See also IACHR, Report on Cuba 1983, Chapter II, paras. 2 and 3. 33