to vote, which is a universal right, in particular under the terms of Article 29 of the UNCRPD, as in other international legal instruments to which member states are parties. Member states should ensure that their legislation is devoid, at all levels, of provisions depriving persons with disabilities of the right to vote or stand for election. All persons with disabilities, whether they have physical, sensory, or intellectual impairments, mental health problems or chronic illnesses, have the right to vote on the same basis as other citizens, and should not be deprived of this right by any law limiting their legal capacity, by any judicial or other decision or by any other measure based on their disability, cognitive functioning or perceived capacity. All persons with disabilities are also entitled to stand for office on an equal basis with others and should not be deprived of this right by any law restricting their legal capacity, by any judicial or other decision based on their disability, cognitive functioning or perceived capacity, or by any other means. Member states should ensure that discrimination based on disability is prohibited in all fields of political and public life, namely wherever it is a question of voting, standing for election, exercising a mandate and/or being active in political parties or non-governmental organizations, or exercising public duties. These discriminatory acts include the failure to comply with the obligation to implement reasonable accommodations (see point 2 above, “Accessibility”) for persons with disabilities so that they can fully enjoy their political rights. December 2011 – Revised Venice Commission Interpretative Declaration to the Code of Good Practice in Electoral Matters on the Participation of People with Disabilities63 I. The Code of Good Practice in Electoral Matters, as adopted by the European Commission for Democracy through Law (Venice Commission) in October 2002, states that “the five principles underlying Europe’s electoral heritage are universal, equal, free, secret and direct suffrage” (item I). The Code further states in item I.1.1 that “Universal suffrage means in principle that all human beings have the right to vote and to stand for elections.” 1. People with disabilities should therefore be able to exercise their right to vote and participate in political and public life as elected representatives on an equal basis with other citizens. The participation of all citizens in political and public life and the democratic process is essential for the development of democratic societies. II. The following completes the principles stated in the Code 1. Universal suffrage Annex 2. Universal suffrage is a fundamental principle of the European Electoral Heritage. People with disabilities may not be discriminated against in this regard, in conformity with Article 29 of the Convention of the United Nations on the Rights of Persons with Disabilities64 and the case-law of the European Court of Human Rights.65 63 Council of Europe and Venice Commission. “Revised Interpretative Declaration to the Code of Good Practice in Electoral Matters on the Participation of People with Disabilities in Elections.” December 19, 2011. <http://www. venice.coe.int/webforms/documents/CDL-AD(2011)045.aspx>. 64 The Convention on the Rights of Persons with Disabilities was adopted on December 13, 2006, by the United Nations in New York. 65 European Court of Human Rights, case of Kiss v. Hungary, application No. 38832/06, judgment May 20, 2010. See in particular par. 43-44, with a reference to Article 29 of the UN Convention. Equal Access: How to Include Persons with Disabilities in Elections and Political Processes 79