CAAMAÑO VALLE v. SPAIN JUDGMENT
and evaluating the evidence and reports made within that process – ruled
that the guardianship should be extended and that M. should be deprived of
her right to vote because she had a lack of cognitive skills to understand the
meaning of a vote and was prone to be influenced very easily (see
paragraphs 6-8 above). That decision was confirmed by the Regional Court
on appeal (see paragraph 10 above). The latter’s decision was upheld by the
Supreme Court after an appeal on points of law. The Supreme Court
examined the substance of the appeals lodged by the applicant and found
that the decision of the Regional Court had contained a thorough analysis of
the case and had correctly balanced the interests at stake (see paragraph 12
above). Finally, the Constitutional Court dismissed an amparo appeal, after
having found that the contested judicial decisions were based on an
individualised examination of the applicant’s daughter’s situation and did
not manifest any arbitrariness, irrationality or obvious error (see paragraph
14 above).
73. Having regard to the foregoing, in particular the fact that the removal
of the applicant’s daughter’s voting rights was based on her lack of
understanding of the meaning of a vote and her susceptibility to being
influenced, the Court concludes that her disenfranchisement was not
disproportionate to the legitimate aim pursued.
(γ) The free expression of the opinion of the people
74. The Court emphasises that an overriding obligation under Article 3
of Protocol No. 1 is to “ensure the free expression of the opinion of the
people”. Any limitation of the right to vote must therefore be analysed not
only from the perspective of the individual concerned, but also from the
perspective of democratic society as a whole, since each individual’s right is
embedded within the broader framework of the electoral system. That
system must be “aimed at identifying the will of the people through
universal suffrage” (see paragraph 57 above). Such a result can only be
obtained through a voting process that allows for the people freely
expressing their opinion in the choice of the legislature.
75. It is for each State to determine how the “free” expression of the
opinion of the people is to be ensured while at the same time making
provision that the opinion expressed represents the one “of the people”. The
survey of 28 Member States of the European Union shows that while a
number of States put the emphasis on the right of all people to participate in
the elections, other States put the emphasis on the requirement of a free and
self-determined electoral choice by the voters, thus prohibiting persons with
certain mental disabilities from participating in the elections (see
paragraphs 27-28 above). Article 3 of Protocol No. 1 does not impose either
one of these systems. The Court considers that both systems fall within the
margin of appreciation of the States, as long as -in the second system- the
conditions for disenfranchisement are such that they apply only to those
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