ALAJOS KISS v. HUNGARY JUDGMENT
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a. Ensure that persons with disabilities can effectively and fully participate in
political and public life on an equal basis with others, directly or through freely
chosen representatives, including the right and opportunity for persons with
disabilities to vote and be elected, inter alia, by:
i. Ensuring that voting procedures, facilities and materials are appropriate,
accessible and easy to understand and use;
ii. Protecting the right of persons with disabilities to vote by secret ballot in
elections and public referendums without intimidation, and to stand for elections, to
effectively hold office and perform all public functions at all levels of government,
facilitating the use of assistive and new technologies where appropriate;
iii. Guaranteeing the free expression of the will of persons with disabilities as
electors and to this end, where necessary, at their request, allowing assistance in
voting by a person of their own choice;
b. Promote actively an environment in which persons with disabilities can
effectively and fully participate in the conduct of public affairs, without
discrimination and on an equal basis with others, and encourage their participation in
public affairs, including:
i. Participation in non-governmental organizations and associations concerned with
the public and political life of the country, and in the activities and administration of
political parties;
ii. Forming and joining organizations of persons with disabilities to represent
persons with disabilities at international, national, regional and local levels.”
15. The Council of Europe Recommendation R(99)4 of the Committee
of Ministers to Member States on Principles Concerning the Legal
Protection of Incapable Adults (adopted on 23 February 1999)
(“Recommendation R(99)4”) provides as follows:
Principle 3 – Maximum preservation of capacity
“... 2. In particular, a measure of protection should not automatically deprive the
person concerned of the right to vote, or to make a will, or to consent or refuse
consent to any intervention in the health field, or to make other decisions of a personal
character at any time when his or her capacity permits him or her to do so.”
16. Opinion no. 190/2002 of the European Commission for Democracy
through Law (Venice Commission) on the Code of Good Practice in
Electoral Matters (“Opinion no. 190/2002”) provides as follows:
I.1. Universal suffrage – 1.1. Rule and exceptions
d. Deprivation of the right to vote and to be elected:
“i. provision may be made for depriving individuals of their right to vote and to be
elected, but only subject to the following cumulative conditions: