ANATOLIY MARINOV v. BULGARIA JUDGMENT
restriction on the voting rights of persons under guardianship pursued a
legitimate aim – namely to ensure that only persons capable of making
informed and meaningful decisions could participate in the choice of the
country’s legislature.
40. In the Government’s view, the limitation imposed on persons under
guardianship was proportionate to the pursued aim and within the State’s
margin of appreciation, as it guaranteed that the electoral process was
conducted in a manner that best reflected the voters’ will. Although the
limitation in question was stipulated by a constitutional provision, its
application was not automatic, as each person’s individual situation was
assessed by the national courts within the course of the proceedings to place
that person under guardianship. In addition, the applicant’s right to vote
would be statutorily restored in case his placement under guardianship was
lifted upon judicial reviews of his condition, in view of his improved mental
status.
41. Lastly, the Government explained that persons under partial
guardianship in the Republic of Bulgaria accounted for 0.014% of all
nationals who were permanently resident on the territory of the country and
who would otherwise be able to vote, suggesting that the restriction in issue
was linked to a limited group of persons in a very particular situation.
(c) The third-party intervener
42. Validity Foundation – Mental Disability Advocacy Center, an
international human rights non-governmental organisation based in Hungary,
submitted, inter alia, that the right to vote was universal and that there was a
clear international consensus that all people with disabilities should be
afforded the same right to political participation as everyone else. This
consensus was evident not only from international instruments adopted by
authoritative bodies – including the Council of Europe Commissioner for
Human Rights, the United Nations’ Special Rapporteur on Disability, and the
United Nations’ Committee on the Rights of Persons with Disabilities – but
also from recent reform initiatives implemented in the Contracting States.
The intervener concluded that stripping people with disabilities of their right
to express their political views damaged the integrity of the electoral system
and undermined the legitimacy of public institutions.
2. The Court’s assessment
(a) General principles
43. The Court has established that Article 3 of Protocol No. 1 guarantees
individual rights, including the right to vote and to stand for election (see,
inter alia, Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987, § 51,
Series A no. 113, and Selahattin Demirtaş v. Turkey (no. 2) [GC],
no. 14305/17, § 385, 22 December 2020).
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