STRØBYE AND ROSENLIND v. DENMARK JUDGMENT
section 6 of the Guardianship Act, domestic law did not require a separate
individualised assessment of their voting capacity. The Court reiterates in
this respect that under Article 3 of Protocol No. 1 to the Convention, it is
not a requirement for depriving a person of his or her right to vote that a
specific and individual assessment of their voting capacity has been carried
out (see, for example, in the context of prisoners’ voting rights, Hirst v. the
United Kingdom (no. 2) [GC], cited above, § 62). Moreover, as pointed out
above, there is a lack of European consensus, including as to whether to
detach disenfranchisement from deprivation of legal capacity (see
paragraphs 71 and 111 above). In this context, the Court also notes that a
general measure may, in some situations, be found to be a more feasible
means of achieving a legitimate aim than a provision requiring a
case-by-case examination, a choice that, in principle, is left to the legislature
in the Member State, subject to European supervision (see, inter alia,
Correia de Matos v. Portugal, cited above, § 129, Animal Defenders
International v. the United Kingdom [GC], cited above, § 108).
115. Lastly, the applicants alleged that there had never been a true legal
debate at the domestic level about the appropriateness of the
disenfranchisement of persons who had been deprived of their legal
capacity. It also appears that they alleged that the only reason why the
legislation, under which they were disenfranchised, had not been amended
was that the Ministry of Justice had found that an amendment to the
Constitution would be impractical. The Court reiterates from the outset that
in cases arising from individual petitions its task is not to review the
relevant legislation or an impugned practice in the abstract. Instead, it must
confine itself, as far as possible, without losing sight of the general context,
to examining the issues raised by the case before it (see, for example,
Donohoe v. Ireland, no. 19165/08, § 73, 12 December 2013; Nejdet Şahin
and Perihan Şahin v. Turkey [GC], no. 13279/05, §§ 69-70, 20 October
2011; Taxquet v. Belgium [GC], no. 926/05, § 83 in fine, ECHR 2010; and
Religionsgemeinschaft der Zeugen Jehovas and Others v. Austria,
no. 40825/98, § 90, 31 July 2008).
116. Nevertheless, having regard anew to the historical and political
context, the Court does consider it a fact that the legislator constantly sought
to allow as many persons as possible to be able to vote while at the same
time aiming to protect the small group of persons who were in need of
guardianship combined with a deprivation of their legal capacity. The
restrictions on the right to vote of persons deprived of their legal capacity
were thus gradually reduced in 1996 when the Guardianship Act entered
into force, and in 2016, when persons deprived of their legal capacity were
given the right to vote in elections for the European Parliament and in local
and regional elections.
117. Moreover, after the parliamentary elections that took place on
18 June 2015 (in which the applicants could not vote), an Act that entered
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