STRØBYE AND ROSENLIND v. DENMARK JUDGMENT 57. The reason for the statutory amendment was the political desire that emerged following the Supreme Court judgment of 18 January 2018 to bestow the right to vote in general elections upon as many citizens as possible, as far as the Constitution allowed. 58. According to information received from the Agency of Family Law (Familieretshuset), which considers applications for the revision of guardianship orders, the Agency had received a total of seventeen applications by 16 September 2019 for changing guardianship orders involving the total deprivation of legal capacity to guardianship orders involving the partial deprivation of legal capacity. Fourteen of those applications have been decided on, and one guardianship order combined with the total deprivation of legal capacity has been changed to an order on guardianship involving the partial deprivation of legal capacity, the consequence being that the relevant person now has the right to vote in general elections. In three cases, the legal incapacitation order has been terminated in its entirety. D. Concerning the right to vote in European Parliament and local and regional elections 59. Act no. 391 of 27 April 2016 gave persons deprived of their legal capacity (under section 6 of the Guardianship Act) the right to vote in European Parliament elections and in local and regional elections. It appears from the preparatory notes to the Act that it was intended to bestow upon this group of individuals the right to vote to the extent possible under the Constitution. The relevant part of the statutory amendment (Bill no. 130 of 24 February 2016) reads as follows: “The Government wishes to bestow the right to vote in nationwide elections in Denmark upon as many citizens as possible within the framework of the Constitution. Accordingly, it is proposed to amend the legislation on elections to allow persons who are [both] subject to guardianship [and have been deprived of] of their legal capacity under section 6 of the Guardianship Act, but who otherwise meet the conditions for suffrage, the right to vote in European Parliament elections and in local and regional elections. There has been a demand for some time, including from the Danish Institute for Human Rights, for an amendment to the legislation on elections to allow persons [who are both] subject to guardianship and have been deprived of their legal capacity under section 6 of the Guardianship Act the right to vote in all nationwide elections and referendums in Denmark. Under current law, it is a condition for having the right to vote in all nationwide elections and referendums in Denmark that one is not subject to guardianship combined with deprivation of legal capacity under section 6 of the Guardianship Act. It is the assessment of the Government that the Constitution does not make it possible to bestow the right to vote in general elections upon persons deprived of their legal capacity as a consequence of a guardianship order under section 6 of the Guardianship Act. On the other hand, the Constitution cannot be considered to 16

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