CAAMAÑO VALLE v. SPAIN JUDGMENT
In the case of Caamaño Valle v. Spain,
The European Court of Human Rights (Third Section), sitting as a
Chamber composed of:
Paul Lemmens, President,
Georgios A. Serghides,
Dmitry Dedov,
Georges Ravarani,
María Elósegui,
Anja Seibert-Fohr,
Peeter Roosma, judges,
and Milan Blaško, Section Registrar,
Having regard to:
the application (no. 43564/17) against the Kingdom of Spain lodged with
the Court under Article 34 of the Convention for the Protection of Human
Rights and Fundamental Freedoms (“the Convention”) by a Spanish
national, Ms Maria del Mar Caamaño Valle (“the applicant”), on 9 June
2017;
the decision to give notice of the application to the Spanish Government
(“the Government”);
the observations submitted by the respondent Government and the
observations in reply submitted by the applicant;
the comments submitted by the Commissioner for Human Rights of the
Council of Europe who intervened as a third party;
Having deliberated in private on 19 January and on 30 March 2021,
Delivers the following judgment, which was adopted on the lastmentioned date:
INTRODUCTION
1. The application concerns the right to vote of the applicant’s daughter,
placed under partial guardianship owing to her intellectual disability. The
applicant relied on Article 3 of Protocol No. 1, read alone or in conjunction
with Article 14 of the Convention and Article 1 of Protocol No. 12.
THE FACTS
2. The applicant was born in and lives in Santiago de Compostela. She is
the mother of M., a mentally disabled young woman born in A Coruña (La
Coruña) in 1996. The applicant was represented by Ms L. Gonzalez-Lagana
Vicente, a lawyer practising in A Coruña.
3. The Government were represented by their Agent, Mr R.-A. León
Cavero, State Counsel and head of the Human Rights Department at the
Ministry of Justice.
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