Right to free

elections
Chinatsu Kataoka
 Article 3 of Protocol No. 1– Right to free elections
“The High Contracting Parties undertake to hold free
elections at reasonable intervals by secret ballot, under
conditions which will ensure the free expression of the
opinion of the people in the choice of the legislature.”

That means…
The countries that agrees to organize an elections
have to promise that people can vote secretly. They
will make sure that these elections allow people to
freely express their opinions when choosing their
lawmakers.
Key principles include free and secret
ballots, reasonable intervals between
elections, and universal suffrage. While all
citizens have the right to vote, not all
votes may carry equal weight, but each
vote should have the potential to influence
the legislature's composition. States have
flexibility in organizing elections,
including electoral systems and
constituency boundaries, as long as they
accurately reflect the electorate's will.
Article 3 of Protocol No. 1 of the ECHR:
● Focuses on the right to free elections.
● Emphasizes the importance of democratic principles in
maintaining fundamental human rights.
● Covers the choice of the legislature, including local and
European Parliament elections.
● Guarantees free and secret ballots, reasonable intervals
between elections, and universal suffrage.
● Recognizes the importance of each vote in influencing the
composition of the legislature.
Universal Declaration of Human Rights (UDHR):
● Article 21 enshrines the right to participate in
government and the right to equal access to
public service in one's country.
● Emphasizes the will of the people as the basis
of government authority and states that this
will should be expressed through periodic and
genuine elections.
● Similar to the ECHR, it underscores the
importance of free and fair elections as a
cornerstone of democracy and human rights.
European Charter of Fundamental Rights (ECFR):
● Article 39 guarantees the right to vote and to stand as a
candidate at elections to the European Parliament, in
accordance with EU law.
● Echoes the principles of free and fair elections and
universal suffrage, particularly in the context of European
Parliament elections.
● Ensures that these rights are upheld within the framework
of the European Union and its institutions.
 Law Case
The case of Hirst v. the United Kingdom (No. 2) (2005)

The European Court of Human Rights ruled that the UK's blanket
ban on prisoners' right to vote violated Article 3 of Protocol No. 1
of the European Convention on Human Rights. This decision led to
debates and legal changes regarding prisoners' voting rights in the
UK.