STRØBYE AND ROSENLIND v. DENMARK JUDGMENT
into force on 1 January 2019 provided for the possibility of depriving a
person “only” partially of his or her legal capacity, with the intended
consequence that such a person would retain the right to vote in general
elections. Consequently, the applicants are now eligible to vote in general
elections.
118. It is correct, as pointed out by the applicants, that until the
amendment of the legislation on 1 January 2019, the legislators considered
that one of the main obstacles for providing persons deprived of their legal
capacity with the right to vote in general elections was Article 29 of the
Constitution. The Court can also endorse the applicants’ view that
objectively seen it is difficult to justify that although in 2016 they were
granted the right to vote in European Parliament elections, they were
nevertheless still considered ineligible to vote in general elections, and in
local and regional elections.
119. The Court recalls, however, that with each legal amendment,
including the one leading to the right to vote in European Parliament
elections in 2016, the issue of disenfranchisement was carefully assessed by
the legislature in its laudable effort throughout many years to limit the
restrictions on the right to vote. The fact that the development obtained
required thorough legal reflection and time, cannot, in the Court’s view, be
held against the Government to negate the justification and proportionality
of the restriction at issue. The Court also takes account of the changing
perspective in society, which makes it difficult to criticise that the
legislation only changed gradually (see, mutatis mutandis, Petrovic
v. Austria, 27 March 1998, § 4, Reports of Judgments and Decisions
1998-II).
120. The Court is therefore satisfied that the above elements
significantly differed from the situation in Alajos Kiss (cited above, § 41),
where the Court observed that there was no evidence that the legislature had
ever sought to weigh the competing interests or to assess the proportionality
of the restriction in question.
121. Having regard to the above, the Court concludes that there has been
no violation of Article 3 of Protocol No. 1 to the Convention.
III. ALLEGED VIOLATION OF ARTICLE 14 READ IN CONJUNCTION
WITH ARTICLE 3 OF PROTOCOL No. 1 TO THE CONVENTION
122. The applicants also complained that the Supreme Court judgment
of 18 January 2018 had breached their right under Article 14, read in
conjunction with Article 3 of Protocol No. 1 to the Convention. Article 14
of the Convention reads as follows:
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
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