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Elections in Times of COVID-19: A Human Rights Perspective

Published online by Cambridge University Press:  22 February 2022

Philip Czech
Affiliation:
University of Salzburg
Lisa Heschl
Affiliation:
University of Graz
Karin Lukas
Affiliation:
Ludwig Boltzmann Institut für Menschenrechte, Austria
Manfred Nowak
Affiliation:
University of Vienna
Gerd Oberleitner
Affiliation:
European Training and Research Centre for Human Rights and Democracy, University of Graz
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Summary

ABSTRACT

The COVID-19 pandemic has undermined the capacity of states to hold elections. As a result, states are confronted with the following dilemma. While elections in accordance with international standards should be held at regular intervals, elections likewise pose a risk of spreading the disease due to the human-to-human contacts that occur especially during in-person voting on election day. There is thus a tension between states’ duty to protect the rights to life and health of their citizens and their duty to respect the right to political participation and related political freedoms. To overcome this tension, various solutions have been introduced, such as sanitary measures mitigating the risk of contracting the virus during in-person voting, alternative voting methods allowing individuals to cast their ballot outside the polling station or postponement of elections to a later date when elections can be held safely. Still, it is difficult to tackle how to move forward with elections in times of pandemic and, most importantly, whether to hold or postpone elections. This contribution provides an international human rights perspective to assess the available options. It argues that while international human rights leave some leeway to states to decide what fits best for their domestic context, they also give guidance as to whether to hold or postpone elections. This contribution concludes that although certain limitations of electoral standards may be permissible in extraordinary times, international human rights, at the same time, set limits on state action and require that a minimum core of electoral principles be upheld at any time for elections to be meaningful and trustworthy to the public.

INTRODUCTION

The current COVID-19 pandemic has undermined states’ capacities to hold elections. The danger of infection caused by participation in electoral procedures, most importantly in-person polling on election day, stands in tension with the necessity to conduct elections without any undue delay. Amplified by a high degree of uncertainty revolving around the virus especially during the first wave early in 2020, states have opted for different approaches. The magnitude of the crisis is evident from the fact that around eighty countries and territories across the world have decided to postpone national and subnational elections due to COVID-19.

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Publisher: Intersentia
Print publication year: 2021

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