CCPR/C/21/Rev.1/Add.7
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ANNEX V
General Comments under article 40, paragraph 4 of the International
Covenant on Civil and Political Rights
General Comment No. 25 (57) 1/
1.
Article 25 of the Covenant recognizes and protects the rights of every
citizen to take part in the conduct of public affairs, the right to vote and
to be elected and the right to have access to public service. Whatever form
of constitution or government is in force, the Covenant requires States to
adopt such legislative and other measures as may be necessary to ensure that
citizens have an effective opportunity to enjoy the rights it protects.
Article 25 lies at the core of democratic government based on the consent of
the people and in conformity with the principles of the Covenant.
2.
The rights under article 25 are related to, but distinct from, the right
of peoples to self determination. By virtue of the rights covered by
article 1 (1), peoples have the right to freely determine their political
status and to enjoy the right to choose the form of their constitution or
government. Article 25 deals with the right of individuals to participate in
those processes which constitute the conduct of public affairs. Those rights,
as individual rights, can give rise to claims under the first Optional
Protocol.
3.
In contrast with other rights and freedoms recognized by the Covenant
(which are ensured to all individuals within the territory and subject to the
jurisdiction of the State) article 25 protects the rights of "every citizen".
State reports should outline the legal provisions which define citizenship in
the context of the rights protected by article 25. No distinctions are
permitted between citizens in the enjoyment of these rights on the grounds of
race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status. Distinctions between those
who are entitled to citizenship by birth and those who acquire it by
naturalization may raise questions of compatibility with article 25. State
reports should indicate whether any groups, such as permanent residents, enjoy
these rights on a limited basis, for example, by having the right to vote in
local elections or to hold particular public service positions.
4.
Any conditions which apply to the exercise of the rights protected by
article 25 should be based on objective and reasonable criteria. For example,
it may be reasonable to require a higher age for election or appointment to
particular offices than for exercising the right to vote, which should be
available to every adult citizen. The exercise of these rights by citizens
may not be suspended or excluded except on grounds which are established by
law and which are objective and reasonable. For example, established mental
incapacity may be a ground for denying a person the right to vote or to hold
office.
1/ Adopted by the Committee at its 1510th meeting (fifty-seventh
session) on 12 July 1996.