election, but “[i]n the negative sense, the characteristic implies an absence of coercion which distorts the will of the citizens.” 41 55. Specifically the Commission has shown that the “authenticity of the elections covers two different categories of phenomena”: 42 on the one hand, those referring to the general conditions in which the electoral process is carried out and, on the other hand, phenomena linked to the legal and institutional system that organizes elections and which implements activities linked to the electoral act, that is, everything related in an immediate and direct way to the casting of the vote. 43 56. As to the “general conditions in which the electoral contest takes place,” the Commission has indicated that from that characteristic, it can be deduced that: [T]hey must allow the different political groups to participate in the electoral process under equal conditions, that is, that they all have similar basic conditions for conducting their campaign. In negative terms, this characteristic implies an absence of direct coercion of undue advantages for one of the participants in the electoral contest. 44 57. As for the Inter-American Court, it has stated that: [O]pposition voices are essential in a democratic society; without them it is not possible to reach agreements that satisfy the different visions that prevail in society. Hence, in a democratic society States must guarantee the effective participation of opposition individuals, groups and political parties by means of appropriate laws, regulations and practices that enable them to have real and effective access to the different deliberative mechanisms on equal terms, but also by the adoption of the required measures to guarantee its full exercise, taking into consideration the situation of vulnerability of the members of some social groups or sectors. 45 58. The Inter-American Court has also indicated that: “It is essential that the State should generate the optimum conditions and mechanisms to ensure that these political rights can be exercised effectively, respecting the principles of equality and non-discrimination” and that “instituting and applying requirements for exercising political rights is not, per se, an undue restriction of political rights.” 46 Their regulation must observe the principles of legality, be designed to fulfill a legitimate purpose, and be necessary and proportionate, that is, they must be reasonable according to the principles of representative democracy. 47 59. On the basis of the above, the Commission understands that, for elections to meet the requirements laid out in Article 23 of the American Convention, it is essential for states to adopt measures that make it possible to ensure general conditions that are adequate for the electoral contest, as well as during the organization of the election and its implementation. The Commission considers that this encompasses both the state’s adoption of certain positive measures and its abstention from favoring any candidate or political group. Likewise, as indicated, the Commission recognizes that, precisely when fulfilling the obligations that make it possible to guarantee the authenticity of elections, not only is the state fulfilling the obligations stemming from political rights on the basis of an active approach, but also from a passive approach, by ensuring equity in the electoral contest, it contributes to the observance of the right to participate on an equal footing. 2. Factors linked to possible advantages in general conditions, as well as the election’s organization and implementation IACHR, Resolution No. 01/90, Cases 9768, 9780, and 9820 (Mexico), September 29, 1990, paras. 43, 44, and 47. IACHR, Resolution No. 01/90, Cases 9768, 9780, and 9820 (Mexico), September 29, 1990, para. 48. 43 IACHR, Resolution No. 01/90 Cases 9768, 9780, and 9820 (Mexico), September 29, 1990, para. 48. 44IACHR, Resolution No. 01/90, Cases 9768, 9780, and 9820 (Mexico), September 29, 1990, para. 49. In this regard, see Annual Report of the Inter-American Commission on Human Rights 1990-1991, III. Human rights, political rights, and representative democracy in the interAmerican system, OEA/Ser.L/V/II.79. rev.1 Doc. 12, February 22, 1991. See also Report 30/93, Case 10.804, José Efraín Ríos Montt, Guatemala, October 12, 1993. 45 I/A Court H.R. Case of Manuel Cepeda Vargas v. Colombia. Preliminary objections, merits, reparations and costs. Judgment of May 26, 2010. Series C no. 213, para. 173. 46 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, paras. 195 and 206. 47 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. 149. 41 42