Previous 5 / 20 Next

MÓŁKA v. POLAND DECISION 5 The Polish State imposes on its citizens a number of obligations.... In return it gives every citizen a right to vote and in this way the possibility of having an influence on public life. It is the fundamental right in democratic states and that is what democracy is all about. ...” On 29 April 1999 the Cracow Court of Appeal dismissed the applicant’s appeal. The appellate court agreed with the Regional Court’s conclusion that the applicant’s case did not disclose a breach of the Local Elections Act. B. Relevant domestic and international law 1. Relevant constitutional provisions Article 10 of the Constitution provides: “1. The system of government of the Republic of Poland shall be based on the separation of and balance between the legislative, executive and judicial powers. 2. Legislative power shall be vested in the Sejm and the Senate, executive power shall be vested in the President of the Republic of Poland and the Council of Ministers, and judicial power shall be vested in the courts and tribunals.” Article 69 of the Constitution provides: “Public authorities shall provide, in accordance with statute, assistance to disabled persons to ensure their subsistence, adaptation to work and social communication.” Chapter III of the Constitution, entitled “Sources of Law”, begins with Article 87, which provides: “1. The sources of the universally binding law of the Republic of Poland shall be: the Constitution, statutes, ratified international agreements, and regulations. 2. Local laws (akty prawa miejscowego) passed by the organs [of local government] shall be a source of universally binding law of the Republic of Poland in the territory of the organ passing the laws.” The last provision in Chapter III is Article 94, which provides: “On the basis of and within limits specified by statute, the organs of local government and territorial organs of government administration shall enact local laws applicable to their territorially defined areas of operation. The principles of and procedures for enacting local laws shall be specified by statute.” Chapter IV, entitled “The Sejm and the Senate”, begins with Article 95, which provides: “1. Legislative power in the Republic of Poland shall be exercised by the Sejm and the Senate. 2. The Sejm shall exercise control over the activities of the Council of Ministers within the scope specified by the provisions of the Constitution and statutes.” Chapter VII, entitled “Local Government”, contains the following provisions:

Select target paragraph3

● ● ●

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]}

Primary Documents

MÓŁKA v. POLAND.pdf
English
Download View

Election Judgments - IFES

Select target paragraph3

Molka v. Poland

Primary Documents

Notifications