Guidelines to Assist National Minority
Participation in the Electoral Process
B.
Page: 12
LEGAL FRAMEWORK AND OPTIONS
Domestic law should give effect to the international norms and standards. It is preferable for the
right to participate in public life without discrimination to be included in the Constitution and for
those provisions to be constitutionally entrenched. Electoral laws giving effect to those rights
should spell out the detail.
Constitutional rights
The Constitution should confer on all persons the right to participate in public life without
discrimination. The different States in the OSCE already make provision for these rights in their
respective constitutions:19
•
The general right to participate in public life. For example:
•
The right not to be discriminated against on grounds of race, national, ethnic or social
origin. For example:
-
•
Article 70 of the Constitution of Hungary;
Article 38 of the German Constitution;
Articles 3 and 4 of the Constitution of the Netherlands;
Article 39 of the Constitution of the Republic of Moldova.
Article 14 of the Spanish Constitution;
Article 3 of the German Constitution;
Article 70A of the Constitution of Hungary;
Article 16(2) of the Constitution of the Republic of Moldova.
Article 14 of the Constitution of Georgia;
Article 15(3) of the Constitution of the Kyrgyz Republic;
Article 19 of the Constitution of the Russian Federation.
The right to vote. For example:
-
Article 4 of the Constitution of the Netherlands;
Article 16 of the Constitution Of Ireland;
Article 70 of the Constitution of Hungary;
Article 38 of the German Constitution;
Article 1(6) of the Constitution of the Kyrgyz Republic;
Article 49(2) of the Constitution of Georgia;
Article 38 of the Constitution of the Republic of Moldova.
Constitutional entrenchment
• Certain provisions and rights in the constitution may be so important that they may need to
be entrenched. Constitutional provisions can be entrenched in such a way that it is more
onerous for a legislature to amend it. The purpose of constitutional entrenchment is not only
to signal the fundamental nature of the provisions entrenched and the Constitution’s
19
These examples are not exhaustive and do not mean that because these rights are contained in the constitution that those rights are
implemented. The provisions of the constitutions are as of 15 August 2000.