SECOND SECTION CASE OF STRØBYE AND ROSENLIND v. DENMARK (Applications nos. 25802/18 and 27338/18) JUDGMENT Art 3 P1 • Vote • Disenfranchisement of persons divested of legal capacity affecting only a small group and subject to thorough parliamentary and judicial review • Measure not amounting to automatic blanket restriction affecting all mentally disabled or those under guardianship • Absence of European or international consensus on the matter • Wide margin of appreciation not overstepped • No requirement under Art 3 P1 for a specific and individualised assessment of voting capacity when depriving a person of his or her right to vote • Eventual reduction of restrictions after careful and gradual assessment not to be held against the Government Art 14 (+ Art 3 P1) • Discrimination • Differential treatment in pursuit of a legitimate aim and proportionate STRASBOURG 2 February 2021 FINAL 06/09/2021 This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.