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SECOND SECTION CASE OF ALAJOS KISS v. HUNGARY (Application no. 38832/06) JUDGMENT STRASBOURG 20 May 2010 FINAL 20/08/2010 This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.

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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]}

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CASE OF ALAJOS KISS v. HUNGARY.pdf
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Alajos Kiss v. Hungary

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