Member states have obligations to ensure that citizens of each state were given opportunity to vote in European elections. Britain failed to give the vote to its citizens in Gibraltar in breach of the convention right to participate in free elections. The European Parliament is for these purposes a legislature within the meaning of A3P1
Hudoc Judgment (Merits and just satisfaction) Violation of P1-3; Not necessary to examine Art. 14+P1-3; Costs and expenses partial award – Convention proceedings Reports of Judgments and Decisions 1999-I
Citations:
Times 03-Mar-1999, 24833/94, [1999] ECHR 12, (1999) 28 EHRR 361, [2011] ECHR 1895
Links:
Statutes:
European Convention on Human Rights Art 3 Protocol 1
Cited by:
Cited – Hirst v United Kingdom (2) ECHR 6-Oct-2005
(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting.
Held: Voting is a right not a privilege. It was a right central in a . .
Cited – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Cited – Moohan and Another v The Lord Advocate SC 17-Dec-2014
The petitioners, convicted serving prisoners, had sought judicial review of the refusal to allow them to vote in the Scottish Referendum on Independence. The request had been refused in the Outer and Inner Houses.
Held: (Kerr, Wilson JJSC . .
Lists of cited by and citing cases may be incomplete.
Elections, Human Rights
Updated: 04 June 2022; Ref: scu.165694