Toplak & Mrak v. Slovenia

Judgment
Question Presented
Whether Slovenia violated Arts. 3, 14 of Protocol No. 1 that guarentees free elections and non-discrimination
Alleged Acts
Had to use the backdoor due to inaccessability, unable to vote with secret ballot, and no effective legal remedy enabling them to apply in advance for polling place accommodations on election day.
Procedural history
Applicants first brought their claims before the Slovenian Supreme Court, which ruled in 2016 that voters could only request accessibility measures after an election had ended
Summary
Applicants suffered from muscular dystrophy and used electric wheelchairs for mobility. They voted during a 2015 national referendum and 2019 European Parliament elections, alleging that voting centers were inaccessible to wheelchairs and they were forced to use back entrances.
Conclusion
Slovenia violated Art. 13 of Protocol No. 1 for failing to provision efficacious legal remedy for discriminatory injustice
Legal Issue(s)
  • Accessibility
Applicable Law(s)
Articles 3 & 14 of Protocol No. 1 of the European Charter on Human Rights
Region
Europe and Eurasia
Country
Slovenia
Language of Decision
  • English
Court
Human Rights Court
Election Type
Parliamentary
Date of decision
Oct 26, 2010
Geolocation

Latitude: 48.5915

Longitude: 7.7715

Geolocation

    Supporting files

    pdf
    Toplak and Mrak v. Slovenia.pdf142.64 kB