6 ALAJOS KISS v. HUNGARY JUDGMENT ii. it must be provided for by law; iii. the proportionality principle must be observed; conditions for depriving individuals of the right to stand for election may be less strict than for disenfranchising them; iv. The deprivation must be based on mental incapacity or a criminal conviction for a serious offence. v. Furthermore, the withdrawal of political rights or finding of mental incapacity may only be imposed by express decision of a court of law.” 17. The Council of Europe Recommendation R(2006)5 of the Committee of Ministers to Member States on the Council of Europe Action Plan to Promote the Rights and Full Participation of People with Disabilities in Society: Improving the Quality of Life of People with Disabilities in Europe 2006-2015 (adopted on 5 April 2006) (“Recommendation R(2006)5”) provides as follows: 3.1. Action line No.1: Participation in political and public life 3.1.3. Specific actions by member states “... iii. to ensure that no person with a disability is excluded from the right to vote or to stand for election on the basis of her/his disability; ...” THE LAW I. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL NO. 1 TO THE CONVENTION 18. The applicant complained that the disenfranchisement, imposed on him because he was under partial guardianship for manic depression, constituted an unjustified deprivation of his right to vote, which was not susceptible to any remedy since it was prescribed by the Constitution, and which was discriminatory in nature. He relied on Article 3 of Protocol No. 1, read alone or in conjunction with Articles 13 and 14 of the Convention. 19. The Government contested those arguments. 20. The Court considers that the application falls to be examined under Article 3 of Protocol No. 1 (see, mutatis mutandis, Hirst v. the United Kingdom (no. 2), no. 74025/01, §§ 53 and 54, 30 March 2004) which provides as relevant: