84
193.
On September 11, 2001, during the OAS Special Assembly, the Ministers of
Foreign Affairs of the Americas adopted the Inter-American Democratic Charter, which
states 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 governments.163
2)
Content of political rights
194. Article 23 of the Convention establishes the rights to take part in the conduct of
public affairs, to vote and to be elected, and to have access to public service, which
must be guaranteed by the State under conditions of equality.
195. 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. The facts of the instant
case refer principally to political participation through freely-elected representatives,
the exercise of which is also protected in Article 50 of the Nicaraguan Constitution.164
196. Political participation may include broad-ranging and varied activities that can
be executed individually or in an organized manner, in order to intervene in the
designation of those who will govern a State or who will be responsible for managing
public affairs, as well as influencing the elaboration of State policy through direct
participation mechanisms.
197. The exercise of the rights to be elected and to vote, which are closely related to
each other, is the expression of the individual and social dimension of political
participation.
198. Citizens have the right to take part in the management of public affairs through
freely elected representatives. The right to vote is an essential element for the
existence of democracy and one of the ways in which citizens exercise the right to
political participation. This right implies that the citizens may freely elect those who will
represent them, in conditions of equality.
199. Participation through the exercise of the right to be elected assumes that
citizens can stand as candidates in conditions of equality and can occupy elected public
office, if they obtain the necessary number of votes.
200. The right to have access to public office, under general conditions of equality,
protects access to a direct form of participation in the design, implementation,
development and execution of the State’s political policies through public office. It is
163
Inter-American Democratic Charter. Adopted at the first plenary session of the OAS General
Assembly, held on September 11, 2001, Article 3.
164
It establishes that “citizens have a right to participate in equal conditions in public affairs and in the
state administration. The effective participation of the population shall be guaranteed nationally and locally
by law.”
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