Human Rights of Armed Forces Personnel The right to vote and stand for office Article 25 of the ICCPR states: “Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: a. To take part in the conduct of public affairs, directly or through freely chosen representatives; to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; b. To have access, on general terms of equality, to public service in his country.” The UN Human Rights Committee has remarked that, if there are reasonable grounds for regarding certain elected offices as incompatible with holding specific positions within the military (such as in the case of high-ranking military office), measures to avoid any conflicts 149 of interest should not unduly limit the rights protected by Article 25(b) of the ICCPR. In one case, restrictions imposed in the Netherlands that prevented a serving police officer from taking his elected seat in a local council were upheld. The Committee took the view that there was no violation of Article 25 because the restrictions were designed to prevent a conflict of 150 interest. Similar principles would apply to restrictions on armed forces personnel. Under Article 3 of Protocol 1 to the ECHR: “The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.” In its interpretation of Article 3, Protocol 1, the European Court of Human Rights has differentiated between requirements that may be imposed on the eligibility to stand for election to parliament (the “passive” aspect) and the eligibility to vote (the “active” aspect).151 In considering such “passive” restrictions, the Court notes that there should be no arbitrariness in the domestic procedures that disqualify an individual from standing as a candidate.152 States enjoy a broader margin of appreciation in respect of the “passive” 82 149 UN Human Rights Committee, “CCPR General Comment No. 25: Article 25, The Right to Participate in Public Affairs, Voting Rights and the Right of Equal Access to Public Service”, 12 July 1996, CCPR/C/21/Rev.1/Add.7, para. 25. 150 UN Human Rights Committee, Debreczeny v. The Netherlands, Communication No. 500/92. 151 See: European Court of Human Rights, “Guide on Article 3 Protocol 1: Right to Free Elections”, Strasbourg, April 2018, https://www.echr.coe.int/Documents/Guide_Art_3_Protocol_1_ENG.pdf. 152 European Court of Human Rights, Ždanoka v. Latvia (Application no. 58278/00, Grand Chamber judgment