The suspension of the right to vote as an act of discrimination against persons deprived of their liberty

Authors

  • Karl Müller Guzmán
  • Evelyn Vicencio Rojas

Abstract

In this work, both the reasons that justify and those that reject the loss of the right to vote to those who are deprived of their liberty are developed. It also explains the antinomy that exists between article 16 number 2 of the Constitution that enshrines the suspension of the right to vote for the accused person for a crime that deserves afflictive penalty or for a crime that the law qualifies as terrorist conduct, and the provisions in the Article 23 (2) of the American Convention on Human Rights, which makes it possible to limit this right to persons convicted by a competent judge in criminal proceedings. This situation, in turn, can generate international liability of the State.

Keywords:

Right to vote, discrimination, international liability.