STRØBYE AND ROSENLIND v. DENMARK JUDGMENT
voting in general elections. Their right to vote had thus been restricted by
law. The Court will proceed to determine whether this measure pursued a
legitimate aim in a proportionate manner, having regard to the principles
identified above.
(i) Lawfulness
95. Unlike other provisions of the Convention, such as Article 5,
Articles 8 to 11, or Article 1 of Protocol No. 1, the text of Article 3 of
Protocol No. 1 does not contain an express reference to the “lawfulness” of
any measures taken by the State. However, the rule of law, one of the
fundamental principles of a democratic society, is inherent in all the Articles
of the Convention and its Protocols (see, among many other authorities,
Amuur v. France, 25 June 1996, § 50, Reports of Judgments and Decisions
1996-III, and Abil v. Azerbaijan (no. 2), no. 8513/11, § 66, 5 December
2019).
96. In the present case, it is not in dispute between the parties that the
applicants’ disenfranchisement was lawful. It was prescribed by section 29
of the Constitution and section 1 of the Danish Act on Parliamentary
Elections. The Court finds no reason to hold otherwise (see, for example,
a contrario, Seyidzade v. Azerbaijan, no. 37700/05, §§ 31-40, 3 December
2009.
(ii) Legitimate aim
97. The Court points out that Article 3 of Protocol No. 1 does not (as do
other provisions of the Convention) specify or limit the aims that a
restriction must pursue; a wide range of purposes may therefore be
compatible with Article 3. The Government submitted that the measure
complained of had pursued the legitimate aim of ensuring that voters in
general elections had the required level of mental skills. The applicants
accepted that view, and the Court sees no reason to hold otherwise (see also
Alajos Kiss, cited above, § 38, in which the Court accepted “that the
measure complained of pursued the legitimate aim of ensuring that only
citizens capable of assessing the consequences of their decisions and
making conscious and judicious decisions should participate in public
affairs”).
(iii) Proportionality
98. From the outset, it should be noted that at time of the parliamentary
elections that took place on 18 June 2015 (in which the applicants could not
vote), persons who were subject to guardianship under section 5 the
Guardianship Act were deemed to be legally competent. Accordingly, they
could vote in general elections.
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