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ALAJOS KISS v. HUNGARY JUDGMENT 3 Section 14 “(4) Persons of legal age may be placed under partial guardianship by a court if their faculties necessary to conduct their affairs are – owing to their mental state, unsound mind or pathological addiction – permanently or recurrently diminished to a great extent in general or in relation to certain groups of matters. (5) If the limitation of discretionary ability is only partial, the person under guardianship may make valid legal statements independently in all matters in relation to which the court did not limit his/her capacity in its decision. (6) The court may limit the full capacity of a person placed under guardianship in particular in respect of the following groups of matters: i. requests of social security, social and unemployment benefits and disposition over such benefits or over income deriving from employment ... exceeding the amount defined in paragraph (2) c) of section 14/B; ii. right of disposition concerning moveable and real property; iii. making certain legal statements in family law matters, namely: a) legal statements concerning matrimonial property rights or property rights related to a registered partnership, b) making statements in relation to the establishment of parentage, c) defining the name of one's child and its alteration, d) giving consent to the adoption of one's child; iv. taking pecuniary decisions in relation to maintenance obligations; v. making legal statements in relation to residential leases (conclusion and termination of the contract); vi. inheritance matters; vii. legal statements concerning placement in an in-house social institution; viii. disposing of rights related to health services; ix. determination of place of residence.” 13. Act no. C of 1997 on Election Procedure provides as follows: Registration of citizens of legal age without the right to vote Section 17 “(1) In order to establish the right to vote, the organs listed under points a)-c) keep informed the central agency, managing the register of citizens' personal data and

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Alajos Kiss v. Hungary

Judgment

Question Presented: Whether Hungary's voting restriction was proportional and legitimate under Article 1, Protocol 3

Alleged Acts: In 1991, Kiss was diagnosed with manic depression and placed under guardianship in 2005. Under Article 70(5) of Hungarian Constitution, he became ineligible to vote. In Feb. 2006, he realized that he was excluded from the voter registrar, preventing him from voting in legislative elections.

Procedural history: Kiss filed an application against Hungary under Article 34 of Convention for the Protection of Human Rights and Fundamental Freedoms in 2006. He complained to the Electoral Office to no avail, and the Pest Center District Court dismissed his claim.

Summary: The European Court of Human Rights (ECtHR) ruled in Alajos Kiss v. Hungary (Application no. 38832/06) that Hungary had violated Article 3 of Protocol No. 1 of the European Convention on Human Rights, which guarantees the right to free elections and the right to vote. The Court accepted that the aim was legitimate: ensuring only citizens capable of assessing consequences and making informed decisions participate in public affairs. However, the automatic, blanket disenfranchisement without distinguishing between total and partial guardianship, or assessing individual capacities, was not proportional. The Court emphasized that rights of mentally disabled persons must be protected against legislative stereotyping and that restrictions should be subject to strict scrutiny and individualized assessment.

Conclusion: Hungary violated Article 1, Protocol 3, thereby rendering disenfranchisement proscribed under international law.

Legal Issue(s)

Accessibility
Elections as a Fundamental Right
Voters' Rights

Applicable Law(s): Article 3, Protocol No. 1, and Articles 13-14 of the Convention; and Article 70 of Hungarian Constitution

Region: Europe and Eurasia

Country: Hungary

Language of Decision

English

Court: Human Rights Court

Election Type: Parliamentary

Date of decision: May 20, 2010

Geolocation

Latitude: 48.5964

Longitude: 7.7742

: Geolocation

Link: https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-98800%22]}

Primary Documents

CASE OF ALAJOS KISS v. HUNGARY.pdf
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Election Judgments - IFES

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Alajos Kiss v. Hungary

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