MÓŁKA v. POLAND DECISION
17
The Court further notes that the present case relates to the applicant’s
involvement in the life of his local community and the exercise of his civic
duties. Thus, it may be argued that the situation in the present case touches
upon the applicant’s possibility of developing social relations with other
members of his community and the outside world, and is pertinent to his
own personal development.
The Court also considers that it cannot be excluded that the authorities’
failure to provide appropriate access to the polling station for the applicant,
who wishes to lead an active life, might have aroused feelings of
humiliation and distress capable of impinging on his personal autonomy,
and thereby on the quality of his private life. The Court underlines in this
respect that the very essence of the Convention is respect for human dignity
and human freedom (see Pretty, cited above, § 65).
The Court recalls that in two previous cases which involved complaints
brought by disabled persons it held that Article 8 of the Convention was not
applicable to situations in which it found no direct and immediate link
between the measures sought by an applicant and the latter’s private life
(see Botta, cited above, § 34, and Zehnalová and Zehnal v. the Czech
Republic (dec.), no. 38621/97, ECHR 2002-V). The first of those cases
concerned the right of the disabled applicant to gain access to a private
beach at a place distant from his normal place of residence during his
holidays, in which the Court found that such right concerned interpersonal
relations of such broad and indeterminate scope that there could be no
conceivable direct link between the measures the State was to take and the
applicant’s private life. The second case concerned a complaint that a large
number of public buildings in the applicants’ home town were not equipped
with access facilities for people with impaired mobility, in which the Court
found by a majority that the applicants had failed to demonstrate the
existence of a special link between the lack of access to the buildings in
question and the particular needs of the first applicant’s private life.
Having regard to the above considerations, the Court does not rule out
the possibility that, in circumstances such as those in the present case, a
sufficient link would exist to attract the protection of Article 8. However,
the Court does not find it necessary finally to determine the applicability of
the Article in the present case since, for the reasons which follow, the
application is in any event inadmissible on other grounds.
In cases such as the present one, which concerns the issue of the State’s
positive obligations inherent in effective “respect” for private life, the Court
reiterates that regard must be had to the fair balance that has to be struck
between the competing interests of the individual and of the community as a
whole and to the margin of appreciation enjoyed by States in this area.
The Court observes that in the present case this margin of appreciation is
even wider as the issue at stake involves the provision of adequate access
for the disabled to polling stations, which must necessarily be assessed in
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