Populist candidates and the fitness for public office rule: an international human rights law perspective

Chengeta, Thompson (2018) Populist candidates and the fitness for public office rule: an international human rights law perspective. Harvard International Law Journal, 59, 83-136.

Record type: Article

Abstract

The twenty-first century has seen the rise of populist leaders who do not respect human rights. The rise of such leaders has been explained in terms of current world problems like terrorism, migration, influx of refugees, economic stagnation, and cultural backlash against liberties that come with human rights, education, and other freedoms. Populists promise to rectify such problems at any cost, making it clear that nothing will stand in their way—not even fundamental human rights. They publicly support racial discrimination, torture and other violations of jus cogens norms of human rights. Despicable as they may seem, such populist demagogues often have the support of the electorate. This Article discusses whether such “anti-human rights candidates” (defined here as candidates whose record, conduct or proposed plans or policies are inconsistent with fundamental rights) are fit for public office. It further addresses the question whether a state that allows an “anti-human rights candidate” to run for public office violates its international obligations.

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