8 ALAJOS KISS v. HUNGARY JUDGMENT rights in question to such an extent that their very substance was affected. The grounds for exclusion from the right to vote (Article 70(5) of the Constitution, see paragraph 11 above) had been incorporated into the Constitution by Act no. 31 of 1989. According to the reasoning of the Act, its purpose had been to regulate the basic rights and obligations in the spirit of international human rights instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. 25. In identifying those eligible to vote, the general practice was to set a minimum age requirement, normally that of majority, whereby States automatically excluded from the right to vote all underage citizens (although assessed individually, several minors could be found mature enough to participate in public affairs). The objective was to ensure that only citizens capable of assessing the consequences of their decisions, capable of making conscious and judicious decisions and vested with other rights linked to the age of majority, should participate in public affairs. 26. The exclusion from the right to vote of persons under guardianship pursued the same legitimate aim. These persons, although adults, lacked the capacity to manage their affairs, including the exercise of their right to vote, owing to their mental state, unsound mind or pathological addiction. When assessing whether to place the applicant under guardianship, the District Court factored into its decision the applicant's resultant exclusion from the right to vote, pursuant to the constitutional rule disenfranchising those citizens who were incapable of assessing the consequences of their decisions or of making conscious or judicious decisions. 27. Furthermore, in the Government's view, the prohibition complained of was in compliance with the Venice Commission's Opinion no. 190/2002 (see paragraph 16 above) and cannot therefore be considered disproportionate, all the more so since the applicant's right to vote would be statutorily restored if his placement under guardianship was rescinded at one of the periodical judicial reviews of his condition, or if a motion of the applicant to the same end succeeded in view of his improved mental status. b. The applicant 28. The applicant accepted in principle that the restriction in question pursued a legitimate aim, as suggested by the Government (see paragraphs 25 and 26 above), without subscribing to the view that people under guardianship in general could not make the responsible choices required for participation in elections. However, he argued that States should enjoy a narrow margin of appreciation in the matter, essentially because any exclusion of people with disabilities from public life must be subject to scrutiny as to whether it was compatible with relevant international human rights requirements, particularly where there had been no substantive debate at the domestic level on the appropriateness of the measure. He added that,

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