Legal Instruments on the Right of Suffrage
Universal Declaration of Human Rights
Article 2.
Everyone is entitled to all the rights and freedoms set
forth in this Declaration, without distinction of any
kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin,
property, birth or other status. Furthermore, no
distinction shall be made on the basis of the political,
jurisdictional or international status of the country or
territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any
other limitation of sovereignty.
Article 8.
Everyone has the right to an effective remedy by the
competent national tribunals for acts violating the
fundamental rights granted him by the constitution or by
law.
Article 21.
(1) Everyone has the right to take part in the
government of his country, directly or through freely
chosen representatives.
(2) Everyone has the right of equal access to public
service in his country.
(3) The will of the people shall be the basis of the
authority of government; this will shall be expressed in
periodic and genuine elections which shall be by
universal and equal suffrage and shall be held by secret
vote or by equivalent free voting procedures.
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International Covenant on Civil and Political Rights
Article 2
1. Each State Party to the present Covenant undertakes
to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the
rights recognized in the present Covenant, without
distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national
or social origin, property, birth or other status.
2. Where not already provided for by existing
legislative or other measures, each State Party
present Covenant undertakes to take the necessary steps,
in accordance with its constitutional
processes and with the provisions of the present
Covenant, to adopt such laws or other measures
may be necessary to give effect to the rights recognized
in the present Covenant.
3. Each State Party to the present Covenant undertakes:
a) To ensure that any person whose rights or freedoms as
herein recognized are violated shall
an effective remedy, notwithstanding that the violation
has been committed by persons acting
official capacity;
b) To ensure that any person claiming such a remedy
shall have his right thereto determined
competent judicial, administrative or legislative
authorities, or by any other competent authority
provided for by the legal system of the State, and to
develop the possibilities of judicial remedy;
c) To ensure that the competent authorities shall
enforce such remedies when granted.
Article 25
Every citizen shall have the right and the opportunity,
without any of the distinctions mentioned in article 2
and without unreasonable restrictions:
(a) To take part in the conduct of public affairs,
directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic
elections which shall be by universal and equal suffrage
and shall be held by secret ballot, guaranteeing the
free expression of the will of the electors;
(c) To have access, on general terms of equality, to
public service in his country.
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Declaration On Criteria For Free And Fair Elections
The Inter-Parliamentary Council … adopts the following
Declaration on Free and fair Elections, and urges
Governments and Parliaments throughout the world to be
guided by the principles and standards set out therein:
1. Free and Fair Elections
In any State the authority of the government can only
derive from the will of the people as expressed in
genuine, free and fair elections held at regular
intervals on the basis of universal, equal and secret
suffrage.
2. Voting and Elections Rights
(1) Every adult citizen has the right to vote in
elections, on a non-discriminatory basis.
(2) Every adult citizen has the right to access to an
effective, impartial and non-discriminatory procedure
for the registration of voters.
(3) No eligible citizen shall be denied the right to
vote or disqualified from registration as a voter,
otherwise than in accordance with objectively verifiable
criteria prescribed by law, and provided that such
measures are consistent with the State's obligations
under international law.
(4) Every individual who is denied the right to vote or
to be registered as a voter shall be entitled to appeal
to a jurisdiction competent to review such decisions and
to correct errors promptly and effectively.
(5) Every voter has the right to equal and effective
access to a polling station in order to exercise his or
her right to vote.
(6) Every voter is entitled to exercise his or her right
equally with others and to have his or her vote accorded
equivalent weight to that of others.
(7) The right to vote in secret is absolute and shall
not be restricted in any manner whatsoever.
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International Convention on the Elimination of All Forms
of Racial Discrimination
Article 5
In compliance with the fundamental obligations laid down
in article 2 of this Convention, States Parties
undertake to prohibit and to eliminate racial
discrimination in all its forms and to guarantee the
right of everyone, without distinction as to race,
colour, or national or ethnic origin, to equality before
the law, notably in the enjoyment of the following
rights:
…(c) Political rights, in particular the right to
participate in elections-to vote and to stand for
election-on the basis of universal and equal suffrage,
to take part in the Government as well as in the conduct
of public affairs at any level and to have equal access
to public service…
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Convention on the Elimination of All Forms of
Discrimination against Women
Article 7
States Parties shall take all appropriate measures to
eliminate discrimination against women in the political
and public life of the country and, in particular, shall
ensure to women, on equal terms with men, the right:
(a) To vote in all elections and public referenda and to
be eligible for election to all publicly elected bodies;
(b) To participate in the formulation of government
policy and the implementation thereof and to hold public
office and perform all public functions at all levels of
government;
(c) To participate in non-governmental organizations and
associations concerned with the public and political
life of the country.
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Convention on the Political Rights of Women
Article I
Women shall be entitled to vote in all elections on
equal terms with men, without any discrimination.
Article II
Women shall be eligible for election to all publicly
elected bodies, established by national law, on equal
terms with men, without any discrimination.
Article III
Women shall be entitled to hold public office and to
exercise all public functions, established by national
law, on equal terms with men, without any
discrimination.
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Election Laws in the Philippines
1987 Philippine Constitution
Article V
SUFFRAGE
Section 1.
Suffrage may be exercised by all citizens of
the Philippines, not otherwise disqualified by law, who
are at least eighteen years of age, and who shall have
resided in the Philippines for at least one year and in
the place wherein they propose to vote, for at least six
months immediately preceding the election. No literacy,
property, or other substantive requirement shall be
imposed on the exercise of suffrage.
Section 2.
The Congress shall provide a system for
securing the secrecy and sanctity of the ballot as well
as a system for absentee voting by qualified Filipinos
abroad. The Congress shall also design a procedure for
the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be
allowed to vote under existing laws and such rules as
the Commission on Elections may promulgate to protect
the secrecy of the ballot.
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The Omnibus Election Code (BP 881) – 1985 is the basic
law on elections. It has been amended by the 1987
Constitution and the following laws:
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The Electoral Reforms Law of 1987 (RA 6646) – 1987.
This law was passed to govern the first elections under
the 1987 Constitution. Inter alia it introduces reforms
in canvassing, candidate eligibility, disqualification,
election propaganda including common poster areas,
watchers, election offenses including vote buying and
vote selling.
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Local Government Code (RA 7160) – 1991
This law governs the structure, operations of local
government units.
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Synchronized Elections Law (RA 7166) – 1992
This law provides for the synchronized holding of
national and local elections. Every three (3) years,
elections are held for all seats in the House of
Representatives, half of the twenty-four Senate seats,
and all other levels of government except barangays. The
president and vice president are elected every 6 years,
in accordance with the Constitution.
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The Party List Law (RA 7941) – 1995
This law creates the legal framework for the 20%
proportional representation for party list system
mandated by Constitution. It sets a two percent (2%)
threshold for each seat, and limits the number of
available seats for each party, organization or
coalition to three.
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“Mindanao Automation” (RA 8046) – 1995
This law created the framework for the automation of
elections in the Autonomous Region of Muslim Mindanao.
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Voter’s Registration Act of 1996 (RA 8189) – 1996
This law provides for a general registration of voters,
adopts a system of continuing registration, and
establishes a permanent list of voters per precinct.
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Electoral Modernization Act (RA 8436) – 1997
This law authorizes the use of automated systems in the
May 11, 1998 national and local elections. It has not
been implemented.
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Fair Elections Act (RA 9006) – 2001
This law was passed after the removal from office of
President Joseph Estrada in 2001. It deals extensively
with media conduct and access, and the use of public
information by parties and candidates.
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Act Providing for Synchronized Barangay and SK Elections
(RA 9164) – 2002
This law foresees synchronization of barangay elections
with other municipal and local elections. It has not
been implemented.
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Overseas Voting Act (RA 9189) – 2003
This law was passed to implement the constitutional duty
to ensure the rights of Filipinos living abroad to vote.
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Automated Election System Law (RA 9369) – 2007
This act provides for amendments to the modernization
law and mandates the use of automated election system to
be pilot tested in two highly urbanized cities and two
provinces each in Luzon, Visayas and Mindanao in the
next elections. However, the May 2007 election will not
yet see to the implementation of this law.
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