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
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