Abstract
When holding elections in times of the COVID-19 pandemic, states face the challenge of balancing diverging human rights obligations. States are obliged to protect the life and health of the individuals under their jurisdictions while, at the same time, they are held to respect the right to political participation and related political freedoms. This is particularly evident in case of vulnerable groups, i.e. COVID-19 risk groups who may suffer from severe health implications when contracting COVID-19. Examining how to reconcile the potentially diverging human rights obligations at stake, this article argues that the tension is not insurmountable. Within the international human rights framework, there is leeway for states to adopt situation-specific solutions. Indeed, as relevant state practice shows, states can adopt risk-mitigating measures and rely on alternative voting methods such as postal voting in order to protect the health of vulnerable groups. In the utmost, they may postpone elections. Yet human rights law puts in place conditions and limits to state action.
Highlights
The COVID-19 pandemic poses considerable challenges to democracies across the world; this is evident in case of elections
This is evident in case of vulnerable groups, i.e. COVID-19 risk groups who may suffer from severe health implications when contracting COVID-19
Some countries have decided in favour of in-person elections: France held the first round of local elections in March 2020; South Korea held its parliamentary elections in April 2020.2 Other countries have relied partly or exclusively on remote voting methods, most commonly postal voting as was the case for the second round of local elections in Bavaria.[3]
Summary
The COVID-19 pandemic poses considerable challenges to democracies across the world; this is evident in case of elections. Address the concept of vulnerability and will deal with the question of vulnerable groups’ electoral participation during the COVID-19 pandemic (Part 2) It will outline the applicable international human rights framework, with regards to the rights to health and life, the right to political participation and related political freedoms as well as the prohibition of discrimination/equality (Part 3). On this basis the article presumes cases where a state decides to hold elections despite the pandemic. The article adopts a human rights perspective to discuss considerations which may guide states in their decision to hold or rather postpone elections with a specific focus on vulnerable groups (Part 5)
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
