STRØBYE AND ROSENLIND v. DENMARK JUDGMENT 99. Only persons covered by section 5 and who had also been declared legally incompetent under section 6 of the Guardianship Act were excluded from voting in general elections. 100. In order for a person to be declared legally incompetent under section 6, two conditions had to be fulfilled. The first condition was that the person in question had to be unable to manage his or her own affairs owing to reasons, such as mental unsoundness or mental disability, set out under section 5, and the second condition was that a legal incapacitation order was necessary to prevent the relevant person from exposing his or her assets, income or other financial interests to the risk of a major loss, or to prevent financial exploitation. It followed from section 8(1) of the Act that a person could not be deprived of his or her legal capacity if his or her interests could be sufficiently safeguarded through guardianship under section 5. Under section 10, a legal incapacitation order had to be quashed if the prescribed conditions were no longer met. Domestic law thus required an assessment of proportionality and proscribed an obligation to implement the least intrusive measure, in other words, the principle of proportionality applied to the imposition, content and lifting of the measures. 101. As regards the quality of the parliamentary review, having regard, inter alia, to the historical and political context, the Guardianship Act and its preparatory notes (see paragraphs 50-54 and 61-63 above), and the reply of 17 March 2014 from the Minister for Justice to question no. 644 from the Legal Affairs Committee of the Danish Parliament (see paragraph 60 above), the Court finds it established that the review of the necessity of the general measure at issue, namely the disenfranchisement imposed as a consequence of declaring a person legally incompetent, and its compliance with section 29 of the Constitution, was indeed thorough. 102. It also notes that the number of persons who had been declared legally incompetent was rather low, and the disenfranchisement in question therefore affected a small group of persons, amounting to 0.046% of the Danish population of voting age. 103. The Court will proceed to examine the quality of the judicial review, and will have particular regard to the Supreme Court’s reasoning. 104. In its judgment of 18 January 2018, the Supreme Court (see paragraph 17 above) explicitly took into account the applicable principles under Article 3 of Protocol No. 1 and the relevant Convention case-law. 105. The Supreme Court observed that “strict requirements must be met in order to deprive a person of his or her legal capacity and to maintain in effect such a legal incapacitation order, and such requirements are closely related to the issue of whether the person in question is able to foresee the consequences of his or her decisions and to make conscious and judicious decisions”. 29

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