CAAMAÑO VALLE v. SPAIN JUDGMENT
of these States seems to allow for restrictions based on the mental capacity
of the individual concerned (see paragraph 27 above).
60. The margin of appreciation left to the States is not unlimited. The
Court has already stated that an absolute bar on voting by any person under
partial guardianship, irrespective of his or her actual faculties, does not fall
within any acceptable margin of appreciation (see Alajos Kiss, cited above,
§ 42). Likewise, an indiscriminate removal of voting rights, without an
individualised judicial evaluation and solely based on a mental disability
necessitating partial guardianship, cannot be considered compatible with the
legitimate grounds for restricting the right to vote (ibid., § 44).
61. By contrast, the Court has accepted as legitimate the 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” (ibid., § 38).
(ii) Application to the present case
62. The Court will now examine whether the disenfranchisement of the
applicant’s daughter pursued a legitimate aim in a proportionate manner,
having regard to the principles identified above. It will also examine
whether the limitation of the applicant’s daughter’s right to vote interfered
with the free expression of the opinion of the people.
(α)
Legitimate aim
63. 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 (see Hirst (no. 2), cited above, § 74, and Alajos
Kiss, cited above, § 38).
64. The Court accepts that the measure complained of pursued the aim
of ensuring that only citizens capable of assessing the consequences of their
decisions and of making conscious and judicious decisions should
participate in public affairs. It is therefore satisfied that the measure pursued
a legitimate aim (see paragraph 61 above).
(β)
Proportionality
65. The Court observes that at the relevant time the Spanish system did
not establish an automatic bar on voting in respect of persons under
guardianship in situations similar to that of the applicant’s daughter, but
took into account such persons’ actual faculties, which were to be analysed
during judicial proceedings brought in order for such persons to be declared
incapable.
66. The Court notes, with respect to legal incapacitation in general of
persons with disabilities, that the presumption in Spanish law is that they
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