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Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights (4th edn)

David Harris, Michael O'Boyle, Ed Bates, and Carla Buckley
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date: 25 September 2021

p. 91022. Article 3, First Protocol: The right to free electionslocked

p. 91022. Article 3, First Protocol: The right to free electionslocked

  • David Harris, David HarrisEmeritus Professor in Residence, and Co-Director, Human Rights Law Centre, University of Nottingham
  • Michael O’Boyle, Michael O’BoyleDeputy Registrar of the European Court of Human Rights (2006–2015)
  • Ed Bates, Ed BatesAssociate Professor, School of Law, University of Leicester
  • Carla BuckleyCarla BuckleyResearch Fellow, Human Rights Law Centre, University of Nottingham
  •  and Heather GreenHeather GreenSenior Lecturer, University of Aberdeen

Abstract

This chapter discusses Article 3 of the First Protocol of the European Convention on Human Rights, which imposes a positive obligation on states to secure free elections. The Court has read into this text individual rights to vote and to stand for election, reversing its technique of deriving positive obligations from the expressly articulated guarantees of individual rights contained in other Articles of the Convention. The right of prisoners to vote is included.

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