STRØBYE AND ROSENLIND v. DENMARK JUDGMENT constitute a bar to bestowing the right to vote in local and regional elections and in European Parliament elections upon persons [who are both] subject to guardianship [and have been deprived] of their legal capacity under section 6 of the Guardianship Act. Reference is made to the reply of 17 March 2014 from the Ministry of Justice to question no. 644 (general questions) from the Legal Affairs Committee of the Danish Parliament. It furthermore follows from the Constitution that the parliamentary electorate – that is to say persons having the right to vote in general elections – are the ones who are entitled to vote in constitutional referendums. In order to bestow upon persons [who are] subject to guardianship [and have been deprived] of their legal capacity under section 6 of the Guardianship Act a more extensive right to vote, it is proposed to bestow upon this group of persons the right to vote in local and regional elections and in European Parliament elections.” 60. The following appears from the reply of 17 March 2014 from the Minister for Justice to question no. 644 from the Legal Affairs Committee of the Danish Parliament: “Question no. 644 (general questions) from the Legal Affairs Committee of the Danish Parliament: Is the Minister willing to consider amendments to the Guardianship Act or other compensatory measures in view of the 2012 report by the Danish Institute for Human Rights entitled “Autonomy and Guardianship” (Selvbestemmelse og værgemål), which points out on page 49 that “Disenfranchisement as a consequence of guardianship is contrary to the Convention on the Rights of Persons with Disabilities and [to] the ECHR”? Answer: 1. Section 29(1) of the Constitution provides that any person who is a Danish national, has a permanent home in the realm and has attained the age of 18 has the right to vote in general elections unless he or she has been declared legally incompetent. As appears from the Report of the Committee on the Act on Legal Competence (Report No. 1247/1993), which formed the basis for the relevant Guardianship Act, it must be assumed on the basis of the preparatory notes to section 29(1) of the Constitution that it is the restriction on a person’s right to manage his or her own assets (when declared legally incompetent) that gave rise to combining a declaration of legal incompetence with disenfranchisement. The deprivation of a person’s legal capacity under section 6 of the Guardianship Act is effected in cases in which the guardianship order applies to financial affairs. Therefore, it must be a consequence of section 29 of the Constitution that any person deprived of his or her legal capacity under section 6 of the Guardianship Act will become disenfranchised under the legislation on elections (see in this respect also pp. 156-57 of the Report of the Committee on the Act on Legal Competence). Accordingly, the Constitution does not make it possible to bestow the right to vote in general elections upon persons deprived of their legal capacity because they are subject to guardianship under section 6 of the Guardianship Act. 2. However, it is the opinion of the Ministry of Justice that the Constitution cannot be considered to constitute a bar to bestowing the right to vote in elections for local councils, regional councils and the European Parliament upon persons subject to 17