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Article 16. Political Rights. Karl Loewenstein. Nov. 22, 1943. [1] (1943)

handle is hein.ali/hrbor605415 and id is 1 raw text is: Karl Loerenstein ARTICLE 16, POLITICAL RIGhTS Every one having reasonable qualifications shall hve, the right to par- ticipate in the government of his state and everj state (shall hLve) the duty to provide for fair elections or other adequate procedures to ascertain the rill of the people. Comment () Human rights as contained in this document are conceived as the rights of the free man or the rights of man to live in a free societ-. E&-.erience has taught that such human rights can e-cist and be enjoyed properly only in a society rhich is organized politically as a democracy. By a democracy is understood a political system rhich allows the people to determine freely how and by v'hom they are to be governed and to hold the government responsible for the conduct of office. In isolated instances some of the human rights can exdst in a non- democratic state. But their full enjoyment is enduring only if the people them- selves are established as the guardians of their rights. Human rights ini their totality are guaranteed best in a constitutional democracy. The Article on Political Rights, therefore, constitutes the indispensable condition of the existence of all the other human rigts. It rould find its logi- cal place at the beginning of a statemient on the rights of free man. Technical as well as traditional reasons make it advisable to place it at the end of the catalogue., Constitutional government is possible only if the people participate in their government. While all constitutions .?ithout exception contain political rights of the people within the sections dealing rith the framof governuent their explicit inclusion in a statement on fundamental human rights is an innoy-tion. (2) The Article daps not make mandatory for all individual states a uniform

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