STRØBYE AND ROSENLIND v. DENMARK JUDGMENT
“Any man or woman of Danish nationality has the right to vote in general elections
when he or she has attained the age of 25 and has a permanent home in Denmark,
unless he or she:
...
(c) is barred from managing his or her [own] property owing to bankruptcy or a
declaration of legal incompetence.”
30. In 1953, as stated above, the first sentence of section 29(1) set out:
“Any person who is a Danish national, has a permanent home in the realm and has
reached the age qualifying [him or her] for suffrage, as provided in subsection (2)
hereof, shall have the right to vote in general elections, unless he or she has been
declared legally incompetent ...”
31. Section 35 of the first Danish Constitution of June 1849 set out the
qualifications for suffrage. The conditions had been extensively discussed
by the Constitutional Committee. One of the subjects discussed was whether
suffrage was to be conditional on levels of income or assets (the so-called
“census requirements”). By contrast with the census requirements, a less
controversial issue was that of whether legally incompetent persons were to
be barred from voting. A.F. Krieger, the spokesman of the Constitutional
Committee, said in this respect (see the Report on the Parliamentary Debate,
vol. 2, column 2184f):
“There is indeed general agreement that legally incompetent persons, children,
women and criminals should be barred from voting.”
32. The 1915 amendment to the Constitution (see Act no. 161 of 5 June
1915) added the stipulation that whenever a person was barred from
managing his or her property it should be “owing to bankruptcy or a
declaration of legal incompetence”. The preparatory notes to the provision
(see the Official Report on Parliamentary Proceedings (Rigsdagstidende)
1914-15, column 3937) explained that the wording “owing to bankruptcy or
a declaration of legal incompetence” had been added in order to ensure the
suffrage of married women. The only reason for the amendment was
therefore that women would qualify for suffrage even if they were barred
from managing their own property because they had married.
33. The provision was given its current wording by the 1953 amendment
to the Constitution (see Act no. 169 of 5 June 1953). As regards the reason
for this amendment, according to which it is a condition for suffrage that a
person has not been “declared legally incompetent”, the preparatory notes
read as follows (see in this respect the explanatory notes to section 29 in
Report No. 66/1953 issued by the 1946 Commission on the Constitution):
“There is consensus that bankruptcy should no longer be considered grounds for
exclusion. However, it is maintained that a declaration of legal incompetence will
continue to lead to disenfranchisement. The bill does not combine this with the
requirement that a person declared legally incompetent must have been barred from
managing his or her [own] property, as does the current Constitution. Under the Act
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