CAAMAÑO VALLE v. SPAIN JUDGMENT B. Merits 1. The parties’ submissions (a) The applicant 37. The applicant noted that despite the universality of the right to vote, as recognised by the Constitution, the LOREG stated that people whose legal capacity had been modified could be deprived of the right to vote by a judicial decision. Such a restriction constituted unquestionable discrimination on the basis of disability, did not pursue a legitimate aim and was disproportionate. 38. The applicant reiterated that international treaties on human rights served as interpretative criteria in respect of the rights safeguarded by the Convention. In that regard, the CPRD, which had been largely ratified worldwide, defined the standards of protection to be afforded to people with disabilities, guaranteed the right to vote of people with disabilities, and established that States were responsible for guaranteeing the exercise of this right in conditions of equality and non-discrimination. 39. In the applicant’s opinion, it was an “impossible chimera” (quimera imposible) to attempt to limit a person’s right to vote through an evaluation of his or her capabilities or ability to think freely. She maintained that voting constituted an individual and personal choice and that political pluralism was an expression of human diversity in terms of elections and respect for elections. (b) The Government 40. The Government stated that people with disabilities in Spain enjoyed the same fundamental rights as other citizens. The key point in the present case was that the term “disability”, as used in the CRPD, was not the equivalent of the term “incapacity”, as used by Spanish legal system. 41. The Government noted that under Article 200 of the Civil Code, incapacity proceedings were designed to guarantee the rights of people suffering persistent mental illness or deficiencies preventing them from looking after themselves (see paragraph 17 above). Such proceedings were undertaken before a judge, a public prosecutor took part in such proceedings in order to help the person whose legal capacity was at stake, and the judgment delivered had to be properly reasoned and based on evidence. The judge examined the person concerned and the specific circumstances of the case and considered what was in that person’s best interests, the object of the judgment being only to guarantee that person’s rights. Any such judgment could be revised to reflect the evolution of the disabilities suffered by the subject of the judgment. 42. The Government referred to the principles established by the Court’s conclusions in respect of the case of Alajos Kiss v. Hungary (no. 38832/06, 15

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