The right to free election is the right to elect the government of one’s country by a secret vote. It is, therefore, a twofold right: it encompasses the right to vote (the active aspect) and the right to stand for elections (the passive aspect). It does not extend to referendums.
The right to free election is essential for civic participation. It ensures that voters can both exercise their right to civic participation to its fullest extent without impediment, and also that the result of elections is representative of the wishes of voters. For elections to be free, they need to satisfy three criteria:
- they should be held at periodic intervals
- voting should be carried out in secret
- people’s right to vote freely (without coercion) must be observed
Read more about the right to free elections in this Guide.
What are the limitations to the right to free election?
The right to free election is not absolute and can be subject to restrictions. Some limitations may be imposed, but these must pursue a legitimate aim (there is no predetermined list of limitations) and be proportionate (not more than necessary to achieve the pursued aim).
example A fixed age limit for standing and voting in elections is, in most cases, a justified restriction.
note The regulation of the right to free elections differs from state to state.