第001/2020号咨询意见:在2019冠状病毒病危机等大流行期间举行选举的情况下参与本国政府的权利Ct。H.P.R.)

Jacquelene Mwangi
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引用次数: 0

摘要

为遏制COVID-19危机蔓延而采取的措施的诸多影响之一是,公民通过自由、公正和透明的选举参与政府的可能性受到限制。认识到这将对非洲的政治稳定和政府合法性构成风险,泛非律师联盟(PALU)向非洲人权和人民权利法院(法院)提交了一份征求咨询意见的请求,内容涉及2019冠状病毒病大流行期间选举背景下公民参与本国政府的权利。法院的意见是,进行或推迟选举的决定是国内法的问题,但任何这种决定都必须遵守关于在紧急情况下限制和暂停权利的区域和国际标准。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Advisory Opinion 001/2020 on the Right to Participate in the Government of one's Country in the Context of an Election held During a Pandemic such as the COVID-19 Crisis (Afr. Ct. H.P.R.)
One of the many implications of the measures taken to contain the spread of the COVID-19 crisis was the potential limitation of citizens to participate in their governments, namely through free, fair, and transparent elections. Recognizing the risks this would pose to political stability and governmental legitimacy in Africa, the Pan African Lawyers Union (PALU) submitted a Request for an Advisory Opinion to the African Court of Human and Peoples' Rights (the Court) on the right of citizens to participate in the government of their country in the context of an election during the COVID-19 pandemic. The Court's Opinion was that the decision to conduct or postpone elections was a matter of domestic law, but that any such decision had to comply with regional and international standards on restriction and suspension of rights during emergencies.
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