Assessments through a Disability Lens
The first step in determining barriers and potential interventions is to conduct an assessment. Pre-election
technical assessments that review all aspects of the electoral process should also analyze each area through
a disability lens. In addition to including a disability analysis in general assessments, conducting a separate
assessment focused specifically on disability inclusion can assist donors and implementers in addressing the
specific barriers facing this community. Assessment teams should meet with DPOs to gain their perspective on
barriers and their recommendations to overcome them. Even if a country has not yet ratified the CRPD, any
recommendations for reform should be in the spirit of Article 29 of the treaty. Meeting with DPOs will also
give assistance providers and donors the opportunity to assess their capacity and identify targeted areas of
support.
Election Law Reform
The legal and regulatory framework is one of the
most important elements of the electoral process,
as it sets the parameters for and defines the policies that govern electoral participation.
While there have been many positive developments around the world promoting increased access to electoral and political processes for persons
with disabilities generally, persons with intellectual
or psychosocial disabilities are still frequently stigmatized. They often face restrictions on their right
to vote based solely on their disability or the fact
that they are under guardianship. These issues are
being debated in the United States, for example,
with 12 states currently allowing citizens under
guardianship to vote. Article 12 of the CRPD requires nations to recognize that “persons with disabilities enjoy legal capacity on an equal basis with
others in all aspects of life,” including election law.32
In December 2011, the Office of the United Nations High Commissioner for Human Rights issued
a report on participation in political and public life
of persons with disabilities.33 The report found that
in a majority of the countries reviewed, persons
Poster displayed in Armenia with the tagline, “An equal sowith intellectual or psychosocial disabilities are
ciety is a healthy society.”
deprived of their right to vote and to be elected
based on constitutional or legal provisions that link
these rights to legal capacity. The report concludes these restrictions are “inconsistent with the obligations
32 United Nations. “Article 12 - Equal recognition before the law.” Convention on the Rights of Persons with
Disabilities. <http://www.un.org/disabilities/default.asp?id=272>.
33 Office of the United Nations High Commissioner for Human Rights. “Thematic study by the Office of the
United Nations High Commissioner for Human Rights on participation in political and public life by persons
with disabilities.” United Nations, December 21, 2011. <http://www.ohchr.org/Documents/Issues/Disability/
SubmissionThematicStudy/A.HRC.19.36_en.doc>.
40
International Foundation for Electoral Systems and National Democratic Institute