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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 work
Electoral access and disability
Electoral participation for prisoners and disadvantaged people
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CommentsComments 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
Please email if any difficulties are encountered in posting comments. Which freedoms are protected by the First Amendment Select all that apply?The five freedoms it protects: speech, religion, press, assembly, and the right to petition the government. Together, these five guaranteed freedoms make the people of the United States of America the freest in the world.
What qualifications did the Constitution impose for voting?FIFTEENTH AMENDMENT
SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of ser- vitude. SECTION 2. The Congress shall have power to enforce this article by appropriate legislation.
Why is the 14th Amendment Important?A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.
How did the Bill of Rights impact free speech?The Bill of Rights guarantees that the government can never deprive people in the U.S. of certain fundamental rights including the right to freedom of religion and to free speech and the due process of law. Many federal and state laws give us additional rights, too.
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