individualised judicial evaluation and solely based on a mental disability necessitating partial guardianship, cannot be considered compatible with the legitimate grounds for restricting the right to vote.
There has accordingly been a violation of Article 3 of Protocol No. 1 to the Convention.
November 2011 – Bali Declaration on the Enhancement of the Role and Participation of Persons
with Disabilities in the ASEAN Community61
We, the Peoples, of the Member States of the Association of Southeast Asian Nations (ASEAN), represented by the Heads of State or Government of Brunei Darussalam, the Kingdom of Cambodia, the Republic
of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the
Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam…
Do hereby declare to:
7. Encourage the participation of persons with disabilities in all aspects of development including their
participation in political activities by providing them with equal political rights in the election of the leaders and parliamentarians, both at local and national levels
November 2011 – Council of Europe Recommendation CM/Rec(2011)14 of the Committee of
Ministers to Member States on the Participation of Persons with Disabilities in Political and
Public Life62
2.4. Voting procedures, ballots and facilities
Member states should pay due attention to the importance of accessible rules and procedures before and
during elections at all levels, as well as at other occasions when citizens are invited to participate in the
conduct of public affairs. Accessible ballot papers and facilities should be available at the time of voting.
Information about accessibility of voting procedures, ballots and facilities, through communications in
easy-to-read and to understand formats, should be largely disseminated in advance, in order to encourage
citizens to participate in political and public life.
Universal Design principles should help to ensure that existing obstacles hampering access to the physical
environment, goods and services, information and communications, in particular as regards voting procedures and ballots, are removed and that no new obstacles are created. The objectives and specific actions
set out in Action Lines No. 6 “Built environment”, No. 7 “Transport”, No. 3 “Information and communication” and, as appropriate, the provisions of the relevant articles of the UNCRPD, namely 9 “Accessibility”,
21 “Freedom of expression and opinion, and access to information” and 13 “Access to justice” should be
used to guide the measures to be taken in pursuing the aims of total accessibility as described above.
3. Non-discrimination in the exercise of legal capacity
Bearing in mind the provisions of Action Line No. 12 “Legal protection” of the Council of Europe Disability
Action Plan 2006-2015 and, as appropriate, Article 12 “Equal recognition before the law” of the UNCRPD,
member states should ensure that their legislation overall does not discriminate against persons with
disabilities in political and public life. They should make support available to persons who may need assistance in exercising their legal capacity in various aspects of life, in particular when exercising their right
61 “Participation of Persons with Disabilities in the ASEAN Community.” Bali Declaration on the Enhancement of the
Role and Participation of Persons with Disabilities in the ASEAN Community. Association of Southeast Asian Nations.
<http://www.asean.org/archive/documents/19th summit/Bali_Declaration_on_Disabled_Person.pdf>.
62 “Recommendation CM/Rec(2011)14 of the Committee of Ministers to Member States on the Participation
of Persons with Disabilities in Political and Public Life.” Council of Europe. <https://wcd.coe.int/ViewDoc.
jsp?id=1871285&Site=CM>.
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International Foundation for Electoral Systems and National Democratic Institute