STRØBYE AND ROSENLIND v. DENMARK JUDGMENT
to disenfranchisement. The issue of the franchise of legally incompetent
persons was further considered in more detail in connection with the
readings and enactment of the Guardianship Act, which came into force in
1996. Most recently, Parliament had a robust debate in 2016 (in respect of a
potential amendment to section 29(1) of the Constitution) concerning
legally incompetent persons’ right to vote during the readings of the bill that
ultimately bestowed upon them the right to vote in elections for the
European Parliament and in local and regional elections. It appears from the
report of that parliamentary debate that the 2016 Parliament did not have a
political majority among its members for a constitutional amendment
concerning the right to vote under section 29(1) of the Constitution. Only a
small minority of twenty-one MPs from two parties (from a total of 179
MPs) expressed a desire to work towards such an amendment to the
Constitution. Such a process is time-consuming, and history has shown that
it has been difficult to reach the required voter turnout in referendums,
despite the political majority in Parliament for other proposed amendments
to the Constitution.
62. Since 1849, the Elections Act has also continuously attracted
political attention and has been adapted, reflecting developments in society,
to bestow the right to vote in general elections upon as many persons
deprived of their legal capacity as possible.
63. Upon its enactment in 1996, the Guardianship Act instantly reduced
the size of the group of persons who were deemed to be legally incompetent
and consequently disenfranchised in general elections. In 1990, just under
3,300 persons had been declared legally incompetent, and in December
2017 about 1,850 persons had been deprived of their legal capacity. An
additional purpose of the 2019 amendments to the Guardianship Act and the
Parliamentary Elections Act was to reduce the size of the group of persons
disenfranchised owing to the deprivation of their legal capacity as far as the
Constitution allowed.
64. It was likewise the purpose of the 2016 amendment, by which the
right to vote in elections for the European Parliament and in local and
regional elections was bestowed upon persons who had been deprived of
their legal capacity, that the right to vote should be bestowed upon this
group of persons to the extent possible under the Constitution.
65. The rules governing suffrage for persons deprived of their legal
capacity have thus been considered, discussed and adapted on a regular
basis in order to grant the right to vote to the greatest extent possible, as far
as the Constitution allowed.
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