ANATOLIY MARINOV v. BULGARIA JUDGMENT
risks undermining the democratic validity of the legislature thus elected and
the laws that it promulgates. Exclusion of any groups or categories of the
general population must accordingly be reconcilable with the underlying
purposes of Article 3 of Protocol No. 1 (see, among other authorities, Hirst
v. the United Kingdom (no. 2) [GC], no. 74025/01, § 62, ECHR 2005-IX, and
Scoppola v. Italy (no. 3) [GC], no. 126/05, § 84, 22 May 2012). More
specifically, election results should not be obtained through votes cast in a
manner that runs counter to the fairness of elections or the free expression of
the will of voters (see Caamaño Valle v. Spain, no. 43564/17, § 57, 11 May
2021).
48. The Court reiterates that the presumption in a democratic State must
be in favour of the inclusion of all, and that universal suffrage is the basic
principle (see Hirst (no. 2), cited above, § 59; Sitaropoulos and
Giakoumopoulos v. Greece [GC], no. 42202/07, § 67, ECHR 2012; and
Scoppola (no. 3), cited above, § 82). This does not mean, however, that
Article 3 of Protocol No. 1 guarantees to persons with a mental disability an
absolute right to exercise their right to vote. Under this provision, such
persons are not immune to limitations of their right to vote, provided that the
limitations comply with the conditions set out in paragraphs 46-47 above. For
the purpose of the interpretation of Article 3 of Protocol No. 1, the Court has
recently noted the fact that there is at present no consensus among the States
Parties to Protocol No. 1 in the sense of an unconditional right of persons with
a mental disability to exercise their right to vote. On the contrary, a majority
of these States seems to allow for restrictions based on the mental capacity of
the individual concerned (see Caamaño Valle, cited above, § 59).
49. 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, the indiscriminate removal of voting rights, without an
individualised judicial evaluation and solely on the basis of a mental
disability necessitating partial guardianship, cannot be considered compatible
with the legitimate grounds for restricting the right to vote (ibid., § 44).
50. By contrast, the Court has accepted as legitimate 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” (ibid., § 38).
(b) Application of the general principles to the present case
51. In the present case, the applicant was placed under partial
guardianship owing to his suffering from psychiatric disorders. As a
consequence, he was disenfranchised and prevented from voting in
parliamentary elections. His right to vote was thus restricted by law, which
was not disputed by the parties. The Court will proceed to determine whether
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