On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights.  This declares that all people are entitled to certain rights by virtue of being human.   These rights are ‘fundamental’ or inalienable and are not dependent on the freedoms and status accorded citizens by their countries.  For example, black South Africans possessed these rights even when they were not recognised in apartheid South Africa.  These human rights are also ‘universal’, belonging to all humans without reference to race, religion, class, gender or nationality.

The Declaration covers a wide range of human rights.  T H Marshall talks about three generic ‘bundles of rights’: civil, social, and political.

Civil rights are, in essence, ‘negative rights’.  These rights limit the government from encroaching on the individual and thus mark out a sphere which is ‘off limits’ to government.  Classic civil rights include freedom of speech, freedom of religion, and the right to equal protection before the law.  They are all examples of rights that belong to individuals, that are to be exercised free from government interference, and all are included in the Declaration.  Civil rights also form the backbone of political rights; for example, political rights are meaningless without freedom of thought, freedom of association and freedom of movement.

Social rights, are ‘positive rights’.  These rights focus on what people have the right to – for Marshall it was a right to ‘live the life of a civilized being according to the standards prevailing in society’.  These rights are found in the Declaration and assert that humans have a right to the provision of resources and support, like the right to housing, work, education and adequate health care.  Unlike negative rights, positive rights infer the need for government activity, not inactivity.

Political rights are also granted by the Declaration and give people the means to participate in political life.  The classic political rights include the right to vote, stand for public office and hold public office.  These rights assume certain practices such as universal suffrage, political equality and democratic elections. 

Election rights

These political rights are enshrined in Article 21 of the Universal Declaration of Human Rights:

"1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

"2. Everyone has the right of equal access to public service in his country.

"3. The will of the people shall be the basis of the authority of government; this will/shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures."

While political rights are meant to be universal, it is accepted that they are also subject to reasonable limits.  Most countries, for example, think it legitimate to limit the franchise based on age and citizenship and residency requirements.  Some countries, somewhat more controversially, restrict the political rights of the incarcerated, intellectually disabled or mentally ill.  More contentious still are the countries that restrict political rights based on gender or ethnicity.

Critics argue the very concept of ‘universal’ human rights is flawed - that rights cannot be separated from peoples’ traditions, cultures and societies to which they belong.  Furthermore, it is argued that the Declaration is a Western-centric document which does not resonate well in the contexts of every country or culture.

Election responsibilities

Political rights are normally based on some definition of ‘citizenship’.  More specifically, the concept of political rights implies the existence of a relationship between the individual and the state.   Both are bound by rights, but equally by reciprocal responsibilities.  The state’s responsibilities include providing the mechanisms for free, open and fair elections.

The public also has responsibilities.  If a right is granted to an individual there is an expectation that they will in turn recognise and respect others’ rights.  Freedom of thought and expression cannot be taken for oneself without respecting it in others.

But the Universal Declaration of Human Rights takes public responsibility a step further.  In Article 29 it states that "everyone has duties to the community in which alone the free and full development of his personality is possible".  If the Declaration gives people the right to participate in elections and the right to stand for office, does it also imply a responsibility or duty to actively take up these rights?

What ‘duties’ might citizens have in relation to elections?  The most basic responsibility would relate to the act of voting itself.  This requires that a person enrols to vote and then casts their ballot.  A higher level of obligation would be that the voter takes the time to acquire the information necessary to make an informed vote.  This could also include acquiring the knowledge needed about voting rules and the electoral system to ensure both a valid and an effective vote.  A healthy representative democracy also depends on a steady supply of quality candidates.  Does our democratic responsibility also extend to running for office?

There is much debate surrounding the question of whether these democratic responsibilities actually exist.  Those who argue that they do exist claim the obligations stem from the particular notion of citizenship in a democratic system.  Representative democracy is entirely dependent on popular participation – to elect representatives and to maintain popular control of those representatives.  The system would fail if it had neither candidates nor voters.  If we enjoy the benefits of the system, do we have an obligation to maintain it?

While we might have an obligation to participate in a democratic election, we may also have the right (and obligation) to abstain.  A vote in an election can be viewed as an acceptance of the legitimacy of the electoral process.  An abstention can be a way of protesting an unfair system, in which case there is both a right and obligation to abstain.  Or, a voter may want to express a ‘none of the above’ vote.  In some cases, then, non-voting may be the most accurate expression of a voter’s wishes.