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20 MÓŁKA v. POLAND DECISION For these reasons, the Court unanimously Declares the application inadmissible. Michael O’BOYLE Registrar Nicolas BRATZA President

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Molka v. Poland

Judgment

Question Presented: Did Poland violate the European Charter of Human Rights by being indifferent to the inaccessibility of poll stations?

Alleged Acts: Applicant, Antoni Mółka, suffered from a severe physical disability that caused dysfunction of his limbs. He could move only by wheelchair. He wished to vote in local elections (to municipal councils, district councils, and regional assemblies) but was unable to do so because the polling station was not physically accessible to wheelchair users, and it was not permitted to take ballot papers outside the premises to enable him to vote.

Procedural history: Mółka brought his complaint to the European Court of Human Rights after being unable to vote in Polish local elections. The case came before the ECtHR as an individual application under Article 34 of the European Convention on Human Rights. The Court issued a decision on admissibility rather than a judgment on the merits.

Summary: The European Court of Human Rights (ECHR), Fourth Section, decided on 11 April 2006 that the application by Antoni Mólka against Poland was inadmissible under Article 8 of the European Convention on Human Rights

Conclusion: Poland had not failed to ensure respect for the applicant's private life in the specific circumstances of this case. The Court emphasized that the margin of appreciation is wider where the issue involves provision of adequate access for persons with disabilities to polling stations, which must be assessed in the context of the allocation of limited State resources. The Court found that the national authorities are in a better position to assess the needs and available resources, and that Polish legislative provisions showed the State had not been oblivious to the plight of disabled voters.

Legal Issue(s)

Accessibility

Applicable Law(s): Article 8 of the European Convention on Human Rights

Region: Europe and Eurasia

Country: Poland

Language of Decision

English

Court: Human Rights Court

Election Type: Local

Date of decision: Apr 11, 2006

Geolocation

Latitude: 48.5964

Longitude: 7.7742

: Geolocation

Link: https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-75427%22]}

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MÓŁKA v. POLAND.pdf
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Election Judgments - IFES

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Molka v. Poland

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