Inclusive Democracy: Franchise Limitations on Non-Resident Citizens as an Unjust Restriction of Rights under the European Convention on Human Rights
The Public International Law and Policy Group (PILPG) advises parties in peace negotiations, on drafting post-conflict constitutions, and assists in prosecuting war criminals. As part of this work, PILPG assists States in establishing and implementing electoral systems that meet international standa...
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| Format: | Article |
| Language: | English |
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Ubiquity Press
2017-04-01
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| Series: | Utrecht Journal of International and European Law |
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| Online Access: | http://www.utrechtjournal.org/articles/367 |
| _version_ | 1818518714830553088 |
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| author | Julie Fraser |
| author_facet | Julie Fraser |
| author_sort | Julie Fraser |
| collection | DOAJ |
| description | The Public International Law and Policy Group (PILPG) advises parties in peace negotiations, on drafting post-conflict constitutions, and assists in prosecuting war criminals. As part of this work, PILPG assists States in establishing and implementing electoral systems that meet international standards for democratic elections, and undertakes election monitoring. Free and fair elections are crucial for the legitimacy of democratic States and are protected by human rights law. The present article focuses on the issue of the franchise and on the restrictions permitted under the European Convention on Human Rights (ECHR). Specifically, this article addresses franchise restrictions on non-resident citizens across ECHR member States. Setting out the protections for the franchise in Article 3 of Protocol No. 1 ECHR, this article analyses the permissible limitations on those rights according to the jurisprudence of the European Court of Human Rights (ECtHR). The article presents a comparative analysis of other voting rights cases, such as the limitations on prisoners’ franchise. After considering whether residency-based limitations pursue legitimate and proportionate aims, it questions whether blanket restrictions disenfranchising non-resident citizens should be permissible today. The article concludes by advocating the importance of an inclusive franchise for the legitimacy of democratic systems as well as the protection of individual rights, and inviting the ECtHR to revisit its jurisprudence on this topic. |
| first_indexed | 2024-12-11T01:14:06Z |
| format | Article |
| id | doaj.art-d10ca73706e848a081abb280c13a4904 |
| institution | Directory Open Access Journal |
| issn | 2053-5341 |
| language | English |
| last_indexed | 2024-12-11T01:14:06Z |
| publishDate | 2017-04-01 |
| publisher | Ubiquity Press |
| record_format | Article |
| series | Utrecht Journal of International and European Law |
| spelling | doaj.art-d10ca73706e848a081abb280c13a49042022-12-22T01:25:58ZengUbiquity PressUtrecht Journal of International and European Law2053-53412017-04-013384234310.5334/ujiel.367136Inclusive Democracy: Franchise Limitations on Non-Resident Citizens as an Unjust Restriction of Rights under the European Convention on Human RightsJulie Fraser0Senior Counsel, Public International Law and Policy Group (headquartered in US); PhD Candidate, Netherlands Institute of Human Rights, Utrecht UniversityThe Public International Law and Policy Group (PILPG) advises parties in peace negotiations, on drafting post-conflict constitutions, and assists in prosecuting war criminals. As part of this work, PILPG assists States in establishing and implementing electoral systems that meet international standards for democratic elections, and undertakes election monitoring. Free and fair elections are crucial for the legitimacy of democratic States and are protected by human rights law. The present article focuses on the issue of the franchise and on the restrictions permitted under the European Convention on Human Rights (ECHR). Specifically, this article addresses franchise restrictions on non-resident citizens across ECHR member States. Setting out the protections for the franchise in Article 3 of Protocol No. 1 ECHR, this article analyses the permissible limitations on those rights according to the jurisprudence of the European Court of Human Rights (ECtHR). The article presents a comparative analysis of other voting rights cases, such as the limitations on prisoners’ franchise. After considering whether residency-based limitations pursue legitimate and proportionate aims, it questions whether blanket restrictions disenfranchising non-resident citizens should be permissible today. The article concludes by advocating the importance of an inclusive franchise for the legitimacy of democratic systems as well as the protection of individual rights, and inviting the ECtHR to revisit its jurisprudence on this topic.http://www.utrechtjournal.org/articles/367Voting rightsExpatriate votingDisenfranchisementPrisoner’s votingArticle 3 of Protocol No 1 ECHREuropean Court of Human Rights |
| spellingShingle | Julie Fraser Inclusive Democracy: Franchise Limitations on Non-Resident Citizens as an Unjust Restriction of Rights under the European Convention on Human Rights Utrecht Journal of International and European Law Voting rights Expatriate voting Disenfranchisement Prisoner’s voting Article 3 of Protocol No 1 ECHR European Court of Human Rights |
| title | Inclusive Democracy: Franchise Limitations on Non-Resident Citizens as an Unjust Restriction of Rights under the European Convention on Human Rights |
| title_full | Inclusive Democracy: Franchise Limitations on Non-Resident Citizens as an Unjust Restriction of Rights under the European Convention on Human Rights |
| title_fullStr | Inclusive Democracy: Franchise Limitations on Non-Resident Citizens as an Unjust Restriction of Rights under the European Convention on Human Rights |
| title_full_unstemmed | Inclusive Democracy: Franchise Limitations on Non-Resident Citizens as an Unjust Restriction of Rights under the European Convention on Human Rights |
| title_short | Inclusive Democracy: Franchise Limitations on Non-Resident Citizens as an Unjust Restriction of Rights under the European Convention on Human Rights |
| title_sort | inclusive democracy franchise limitations on non resident citizens as an unjust restriction of rights under the european convention on human rights |
| topic | Voting rights Expatriate voting Disenfranchisement Prisoner’s voting Article 3 of Protocol No 1 ECHR European Court of Human Rights |
| url | http://www.utrechtjournal.org/articles/367 |
| work_keys_str_mv | AT juliefraser inclusivedemocracyfranchiselimitationsonnonresidentcitizensasanunjustrestrictionofrightsundertheeuropeanconventiononhumanrights |