El canon europeo e interamericano de la privación del sufragio pasivo

In this paper, I present relevant conclusions from an in depth analysis of the leading cases in both the European and Inter American courts, in which constitutional judgers have established relevant positions regarding the justification of the deprivation of the rights to stand as candidates, as a result of a violation of the covenant of electoral democracy. On one hand, European courts have used a “propor-tional canon”, while on the other; a “categori-cal canon” is better suited for interpretation in the Inter American system. As a conclusion, an eclectic position called “the fear for the electoral effectiveness” is proposed to test deprivation to stand for election, under the strict principles of legality and proportionality. As a result, the right to be elected might only be restricted if there is an urgent need to prevent or punish a serious and immediate risk that threats the purposes of electoral democracy as a whole.