STRØBYE AND ROSENLIND v. DENMARK JUDGMENT Commission on the Elections Act). However, the wording still said that the relevant person must not be “barred from managing his or her [own] property owing to a declaration of legal incompetence”. 47. The expression “the right to manage one’s [own] property” was removed by a statutory amendment in 1965. Accordingly, this provision was given the same wording as section 29 of the Constitution, the only condition now being that a person must not have been “declared legally incompetent”. 48. Section 1(1) of the Parliamentary Elections Act retained this wording, except for amendments to the age qualifying citizens for suffrage, until 1997. In 1997, the provision was reworded to say that persons who were both subject to guardianship and who had been deprived of their legal capacity under section 6 of the Guardianship Act did not have the right to vote. The amendment was made in the light of the enactment of the Guardianship Act. The amendment to the Parliamentary Elections Act took into account the fact that the Committee on the Act on Legal Competence had assessed, in particular, the meaning of the wording of the Constitution in the light of the new Guardianship Act. 49. Section 1 of the Parliamentary Elections Act, as currently worded, came into force on 1 January 2019 (see section 2 of Act no. 1722 of 27 December 2018) to reflect the new possibility to only partially deprive a person of his or her legal capacity. The provision is drafted to the effect that persons declared legally incompetent are disenfranchised, whereas persons deprived only partially of their legal capacity are deemed to be still legally competent and thus have the right to vote in general elections. C. The Guardianship Act 50. In 1996, the Act on Legal Competence was replaced by the Guardianship Act, which distinguished between (i) persons who under section 5 were subject to guardianship but remained legally competent, and (ii) persons who were subject to guardianship under section 5 and were also deprived of their legal capacity under section 6. 51. The Guardianship Act defined three kinds of guardianship for adults. Guardianship under section 5 was the standard arrangement. It read as follows: Section 5 “(1) A guardianship order can be made in respect of any person unable to manage his or her own affairs owing to mental unsoundness, including severe dementia, or mental disability or other severe impairment, if necessary. (2) A guardianship order can be made in respect of any person who is unsuited to manage his or her own financial affairs owing to illness or other severe decline and who makes a request [for such an order] himself or herself – if necessary instead of appointing a surrogate decision-maker for such a vulnerable adult under section 7. 13

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