STRØBYE AND ROSENLIND v. DENMARK JUDGMENT guardianship under section 6 of the Guardianship Act. Amendments involving such an extension of the right to vote would have to be implemented by statute. This issue falls within the remit of the Ministry of Economic Affairs and the Interior. 3. It is the opinion of the Ministry of Justice that there is no basis for assuming – contrary to the findings in the report of the Danish Institute for Human Rights – that the Danish rules on disenfranchisement of persons subject to guardianship under section 6 of the Guardianship Act are contrary to the European Convention on Human Rights. In its 2012 report, the Danish Institute for Human Rights refers to the judgment delivered by the European Court of Human Rights on 20 May 2010 in Alajos Kiss v. Hungary (application no. 38832/06). However, it is the assessment of the Ministry of Justice that it is not a consequence of Alajos Kiss that the Danish rules on suffrage and guardianship cannot be maintained, one reason being that that case concerned the national legislation of Hungary, under which any form of guardianship automatically led to disenfranchisement. This is not the case in Denmark, where only the orders on guardianship under section 6 of the Guardianship Act mentioned above will concurrently lead to disenfranchisement. Moreover, Hungary had more lenient rules for issuing guardianship orders than Denmark. 4. As regards the United Nations Convention on the Rights of Persons with Disabilities, it should be noted that on 20 September 2013, in its communication No. 4/2011, the Committee on the Rights of Persons with Disabilities issued its views (in respect of Zsolt Bujdosó and five others v. Hungary) concerning the right to vote of persons with intellectual disabilities. The Committee on the Rights of Persons with Disabilities said in its communication that it is contrary to the Convention for a State party to exclude persons with intellectual disabilities from suffrage. It would appear that that view applies regardless of whether or not the relevant persons have the mental capacity to vote, as the Committee found that the State party should merely provide specific assistance to such vulnerable persons. In the opinion of the Ministry of Justice, the views issued by the Committee on the Rights of Persons with Disabilities give rise to essential questions pertaining to section 29 of the Constitution, which, as mentioned above, provides that any person who is a Danish national, has a permanent home in the realm and has attained the age of 18 has the right to vote in general elections unless he or she has been declared legally incompetent. Unlike judgments delivered by the European Court of Human Rights, views issued by the Committee on the Rights of Persons with Disabilities are, however, not binding on Denmark. 5. Against this background, the Ministry of Justice has not considered any amendment to the Guardianship Act.” E. The historical and political context 61. The statutory basis for the right to vote in general elections and referendums is section 29 of the Constitution. The possibility of amending section 29 of the Constitution has been regularly considered. At the time of the most recent amendment to the Constitution in 1953, the legislature maintained the position that a declaration of legal incompetence should lead 18