STRØBYE AND ROSENLIND v. DENMARK JUDGMENT 83. The Government submitted that there had been no violation of Article 3 of Protocol No. 1 to the Convention, since the restriction on the right to vote had been proportionate to the legitimate aim pursued. 84. Section 29 of the Constitution, which excluded persons who had been declared legally incompetent from voting (in addition to persons who had not attained the age of majority) had the legitimate aim of ensuring that voters in general elections had the required level of mental skills. In that connection, it had been necessary to link the grounds for exclusion to clearcut criteria that were objective, clear and predictable. 85. As regards the proportionality of the restriction, the Government referred to the Supreme Court’s reasoning in its judgment of 18 January 2018. 86. They emphasised that the present case differed significantly from that of Alajos Kiss (cited above). Under the Danish arrangement, only a small group of persons were disenfranchised – namely those who were both subject to guardianship and had been deprived of their legal capacity under section 6 of the Guardianship Act. However, a person could not be deprived of his or her legal capacity if his or her interests could be sufficiently guarded through guardianship under section 5. The deprivation of legal capacity was thus a measure that affected a narrow group of persons, amounting to 0.046% of the Danish population of voting age, whereas 0.75% of the Hungarian population was subject to disenfranchisement. Moreover, the Danish legislature had considered on an ongoing basis the issue of disenfranchisement and had sought to extend the franchise as much as possible, as far as the Constitution allowed – hence, inter alia, the most recent amendment to the Constitution in 1953, and the amendment of rules on guardianship in 1996, and again in 2016 and 2019. 87. The Government reiterated that disenfranchisement as an automatic legal consequence could be in accordance with Article 3 of Protocol No. 1, provided that it was proportionate, and not of a general, automatic and indiscriminate nature (see, inter alia, Scoppola v. Italy (no. 3), no. 126/05, § 102, 18 January 2011). The Danish rules setting out the conditions for depriving a person of his or her legal capacity were very strict and closely related to the issue of whether the person in question was able to foresee the consequences of his or her decisions and to make conscious and judicious decisions. Such decisions had to be made by a court. Moreover, under the relevant Danish legislation there were objective, clear and predictable criteria for qualifying for suffrage, and the circumstances automatically giving rise to disenfranchisement were detailed in the law. 88. As regards the applicants’ submissions that there was no difference between the right to vote in general elections and the right to vote in elections for the European Parliament, the Government recalled that the legislature had seriously considered that matter during the readings of the bill by which the right to vote in European Parliament elections had been 25