| Abstract [eng] |
This master's thesis critically examines the legal obligation of states to hold democratic elections under international law. Employing a conceptual, empirical, and comparative methodology, the study analyzes key legal instruments, including the ICCPR and the ECHR, alongside the evolving jurisprudence of the ECtHR and the COBS of the HRC. It assesses academic literature, treaty interpretations, and state practice to provide a nuanced understanding of the legal framework surrounding electoral processes. The research's key findings reveal that while democratic elections are crucial for electoral integrity, existing international legal provisions remain largely aspirational. The thesis highlights the absence of a definitive legal mandate for democracy. It notes that UN standards for electoral processes emphasize fundamental principles like universal suffrage and fairness, yet the concept of a direct binding right to democratic elections remains contentious. Further analysis explores the requirements of Article 3 of Protocol No. 1 of the ECHR, shaped by ECtHR activism, which obligates states to hold democratic elections for legislative bodies but lacks clear standards for presidential elections. The study also addresses the limitations of the ICCPR, which guarantees participation in public affairs but falls short of mandating democratic elections, instead establishing requirements for separate elements. Finally, the thesis investigates the potential for an emerging opinio juris regarding customary norms, requiring the conduct of democratic elections, drawing upon observations from the UN treaty bodies and state responses and practices. The research concludes that while a strong political aspiration for a democratic imperative in elections exists, understanding the pluralism of political systems makes the emergence of such an opinio juris uncertain, despite the current strong commitment to democracy by the majority of the international community. The author concludes that the customary law, as it stands today, does not impose a binding commitment upon States to carry out their elections democratically. |
