The right to vote and stand for election is only one out of a range of other political rights, such as the freedom to express political opinions, the right to demonstrate, the right to join or establish a political party or other associations, the right to strike and be active in trade unions or other bodies representing workers and the right to work in the public service.
Introduction: Voting Rights and Other Political Rights
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Voting rights are important political rights because they grant access to the formation of political power and influence the laws and policies of the municipality or the country of residence. The right to vote also reflects the recognition of the immigrant as an equal member of the civitas (citizenry) entitled to participation in the decision making of the community or the society. Historically, both elements – political power and recognition as a full member of the community – played an important role each time voting rights were extended to new groups: men without land or capital, male workers, women, younger people and nationals of other states. Some of those extensions were the outcome of prolonged social and political action by the persons concerned; other extensions were granted from 'above' in the general interest or with special party interests in mind but without long struggle from 'below'.
Voting Rights for Non-Nationals: from Exclusion to Inclusion
The traditional view in international law is that political activities of non-nationals [non-citizens] can be restricted. This idea is related to the gradual development and strengthening of nation-states in the 19th century: only nationals on the basis of their special exclusive legal relationship with the state could vote and participate in political decision making. Nationals of other states were considered as outsiders and thus excluded. The two World Wars and the related strong nationalism reinforced this idea. This explains why in the 1950 European Convention on Human Rights (ECHR) there is a special provision (Article 16) stipulating that the provisions on the freedom of expression and the freedom of assembly and association shall not prevent "the High Contracting Parties from imposing restrictions on the political activity of aliens." Governments thus could curb political speech or writing by non-citizens (foreigners), prohibit membership of political parties and expel foreigners who went on strike or undertook 'undesired political activities'.
With the closer cooperation of European states and large scale immigration this view became gradually more problematic.
This text is part of the policy brief "
Kees Groenendijk is emeritus Professor of Sociology of Law at the University of Nijmegen (The Netherlands), founder and research fellow of its Centre for Migration Law, and Chairman of the Standing Committee of Experts on international immigration, refugee and criminal law (Meijers Committee). He is member of the Odysseus Network of Experts on European Migration and Asylum Law.