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THE RIGHT TO VOTE FOR NON-RESIDENT CITIZENS IN EUROPE

  • Richard Lappin (a1)
Abstract
Abstract

The right to vote is the most important political right in international human rights law. Framed within the broader right of political participation, it is the only right in the International Covenant on Civil and Political Rights not guaranteed as a universal human right but rather as a citizen's right. While limitations on the right to vote are permissible in respect of citizenship and age, residency-based restrictions are not explicitly provided. However, recent judgments of the European Court of Human Rights endorse a view that voting rights may be conditioned on residency on the grounds of an individual's bond to their country-of-origin and the extent to which laws passed by that government would affect them. This article questions this proposition and explores whether disenfranchisement based solely on residency constitutes an unreasonable and discriminatory restriction to the essence of the right.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

L Brand , ‘Arab Uprisings and the Changing Frontiers of Transnational Citizenship’ (2014) 41 Political Geography 54, 55

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R Rubio Marin , ‘National Limits to Democratic Citizenship’ (1998) 11 Ratio Juris 51, 53

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T Lyons , ‘Diasporas and Homeland Conflict’ in M Kahler and others (eds), Globalization, Territoriality, and Conflict (Cambridge University Press 2006)

P Levitt and R De la Dehesa , ‘Transnational Migration and the Redefinition of the State’ (2003) 26 Ethnic and Racial Studies 587

S Pogonyia , ‘Four Patterns of Non-resident Voting Rights’ (2013) 13 Ethnopolitics 122, 127

P Boccagni , ‘Reminiscences, Patriotism, Participation’ (2011) 49 International Migration 76

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International & Comparative Law Quarterly
  • ISSN: 0020-5893
  • EISSN: 1471-6895
  • URL: /core/journals/international-and-comparative-law-quarterly
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