STRØBYE AND ROSENLIND v. DENMARK JUDGMENT b. Promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including: i. Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties; ii. Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.” 67. Council of Europe Recommendation R(99)4 of the Committee of Ministers to Member States on Principles Concerning the Legal Protection of Incapable Adults (issued on 23 February 1999) (“Recommendation R(99)4”) provides as follows: Principle 3 – Maximum preservation of capacity “... 2. In particular, a measure of protection should not automatically deprive the person concerned of the right to vote, or to make a will, or to consent or refuse consent to any intervention in the health field, or to make other decisions of a personal character at any time when his or her capacity permits him or her to do so.” 68. Opinion no. 190/2002 of the European Commission for Democracy through Law (“Venice Commission”) on the Code of Good Practice in Electoral Matters provides as follows: I.1. Universal suffrage – 1.1. Rule and exceptions d. Deprivation of the right to vote and to be elected: “i. provision may be made for depriving individuals of their right to vote and to be elected, but only subject to the following cumulative conditions: ii. it must be provided for by law; iii. the proportionality principle must be observed; conditions for depriving individuals of the right to stand for election may be less strict than for disenfranchising them; iv. The deprivation must be based on mental incapacity or a criminal conviction for a serious offence. v. Furthermore, the withdrawal of political rights or finding of mental incapacity may only be imposed by express decision of a court of law.” 69. Council of Europe Recommendation R(2006)5 of the Committee of Ministers to Member States on the Council of Europe Action Plan to Promote the Rights and Full Participation of People with Disabilities in Society: Improving the Quality of Life of People with Disabilities in Europe 2006-2015 (issued on 5 April 2006) provides as follows: 3.1. Action line No.1: Participation in political and public life 3.1.3. Specific actions by member states 21

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