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DEMOCRACY AND HUMAN RIGHTS

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Normative Framework for Human Rights

The values ​​of freedom and respect for human rights, and the principle of holding periodic and genuine elections by universal suffrage, are essential elements of democracy. Democracy, in turn, provides the natural environment for the protection and effective realization of human rights. These values ​​were incorporated into the Universal Declaration of Human Rights and later refined in the International Covenant on Civil and Political Rights, which enshrines a wide range of political rights and civil liberties upon which meaningful democracies are based.


The link between democracy and human rights is found in Article 21(3) of the Universal Declaration of Human Rights, which states:

“The will of the people shall constitute the basis of the authority of government; this shall be expressed in periodic and genuine elections, which shall be held by universal and equal suffrage and shall be held by secret ballot or by equivalent free voting procedures.”

The rights enshrined in the International Covenant on Economic, Social and Cultural Rights and subsequent human rights instruments that cover the rights of groups (e.g., indigenous peoples, minorities, persons with disabilities) are equally essential to democracy, as they guarantee the equitable distribution of wealth and equality and equity with respect to access to civil and political rights.


For many years, the United Nations General Assembly and the former Commission on Human Rights sought to use international human rights instruments to promote a common understanding of the principles, norms, and values ​​that underlie democracy, with a view to guiding Member States in developing domestic democratic traditions and institutions and in fulfilling their commitments to human rights, democracy, and development.


This led to the adoption of several landmark resolutions by the former Commission on Human Rights.

In 2000, the Commission recommended a series of important legislative, institutional, and practical measures to consolidate democracy (resolution 2000/47), and in 2002, it declared the following as essential elements of democracy:

• Respect for human rights and fundamental freedoms;

• Freedom of association;

• Freedom of expression and opinion;

• Access to and exercise of power in accordance with the rule of law;

• The holding of periodic, free, and fair elections by universal suffrage and by secret ballot as an expression of the will of the people;

• A pluralistic system of political parties and organizations;

• The separation of powers;

• The independence of the judiciary;

• Transparency and accountability in public administration;

• Free, independent, and pluralistic media.

Support for National Democratization Processes

Democratic shortcomings and weak institutions are some of the main challenges to the effective realization of human rights. The Office of the United Nations High Commissioner for Human Rights seeks to address these problems through its advisory services and technical cooperation program, which focus on strengthening the legal framework for the protection of human rights (institutional and legal reform), empowering vulnerable and disadvantaged segments of society, and promoting human rights awareness and education.


In democracies in transition and in countries emerging from conflict, the High Commissioner collaborates with governments and national entities to establish a strong and independent judiciary; a representative, efficient, and accountable parliament; an independent and effective national human rights institution; and a vibrant civil society. Guiding National and Regional Efforts to Consolidate Democracy and Maintain the Rule of Law


Two expert seminars organized by the Office of the High Commissioner in 2002 and 2005 clarified the main challenges that hinder democracy, human rights, and the rule of law, including:

• The deepening of poverty;

• Threats to human security;

• The violation of individual rights and impediments to the enjoyment of fundamental freedoms;

• The deterioration of the rule of law in contexts such as the fight against terrorism;

• Illegal occupation with the use of force;

• The increase in armed conflicts;

• Unequal access to justice for disadvantaged groups;

• Impunity.


The reports of these seminars serve as a guide for developing national and regional frameworks and strategies that contribute to the realization of democracy as a holistic concept, based on strict adherence to human rights and the principles of the rule of law.


In addition, the Office of the High Commissioner has published a compilation of relevant documents and texts that serves as a reference and analytical tool for the preparation of a constitution and the revision or drafting of national legislation and strategies to consolidate human rights and democratic foundations.


The Office of the High Commissioner participates with other parts of the United Nations system in developing a coherent, system-wide approach to democracy and constitutional assistance. It also seeks to partner with intergovernmental organizations that promote democracy, such as the Organisation Internationale de la Francophonie, the Inter-Parliamentary Union, the Organization for Security and Cooperation in Europe, and regional intergovernmental organizations. The Office also provides specific support to the United Nations Democracy Fund, serving as an advisor in the necessary decision-making process on program funding criteria and project proposals.

Good democratic governance must inevitably focus on the promotion and protection of human rights and fundamental freedoms. Without these rights, there can be no meaningful democracy.

The Relationship between Democracy and Human Rights


Confirmation of an Interdependent Link

Participants agreed that democracy and human rights are interdependent, having a complex and symbiotic relationship of mutual support. In fact, some participants proposed that the most appropriate term would be "mutually constitutive." Democracy cannot be defined without human rights. Human rights can only be properly protected in a democratic state. A functioning democracy that accommodates diversity, promotes equality, and protects individual freedoms is increasingly becoming the best bet against oligarchy and the human rights violations to which it inevitably leads. For its part, the best protection of human rights emanates from a sustainable democratic framework founded on the rule of law.