ABSTRACT

The main challenge for all States is to overcome governmental resistance to the provision of election laws and practices which fully protect citizens' rights to free and fair elections. Although States across Europe have made significant progress in complying with standards of electoral integrity, as articulated and formulated in what is referred to as 'the European electoral heritage', the administration of elections remains the greatest source of electoral violation, together with other more widespread and fundamental problems relating to fairness, such as the under-representation of women in parliaments across Europe. Majoritarian regimes were the most eager to ratify the European Convention on Human Rights (ECHR) as they considered the Convention to be a mechanism which could 'lock in' democracy to prevent the abuse of power by future governments. This chapter discusses events to emphasize that the way in which elections (including referendums) are conducted requires much greater adherence to standards articulated in international treaties.