Back to rights and freedoms: right by right Article 25 | Human Rights Committee General Comment | Constitutional protection | Commission work | More information | Comments Article 25ICCPR Article 25 states:
Human Rights Committee General CommentThe Human Rights Committee's General Comment No. 25: The right to participate in public affairs, voting rights and the right of equal access to public service is reproduced in full below. It emphasises the relationship between the rights recognised in Article 25 and other rights, including
Constitutional protectionSection 41 of the Constitution which deal with the right to vote provides only that persons having the right to vote in State elections have the right to vote in Federal elections. Limitations on the right to vote have been a focus of the Commission's work. Although the Constitution does not contain an express statement equivalent to the full extent of rights recognised in ICCPR Article 25, the High Court has found a degree of implied Constituional protection. In particular, similarly to the Human Rights Committee, the High Court has emphasised the connection between the rights recognised in Article 25 and the rights to freedom of association and expression. Relevant Constitutional provisions and case law were summarised by the High Court as follows in Unions NSW v New South Wales [2013] HCA 58:
The Court in Unions NSW also observed:
Commission workElectoral access and disabilityElectoral participation for prisoners and disadvantaged peopleOther materialsCommentsComments are invited on issues raised on this page, including suggestions for addition, amendments or additional resources, using the Comments field at the end of this page. Please note that
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