648. Examples of proportionate and disproportionate restrictions on the right to stand as a candidate.

The right to stand as a candidate in an election would be illusory¹ if one could be arbitrarily deprived of it at any moment², and examples of eligibility restrictions and disqualifications found to be disproportionate have included the exclusion of 'non-constituent peoples' from membership of the parliamentary assembly³, a prohibition against dual nationals sitting as members of parliament⁴, and the disqualification of a candidate on language grounds notwithstanding a valid certificate of linguistic competence⁵. Examples of proportionate eligibility restrictions and disqualifications have included the obligation to pay a non-refundable election deposit