STRØBYE AND ROSENLIND v. DENMARK JUDGMENT
12. The applicants, joined by two other persons, instituted proceedings
before the Danish courts, claiming that they had wrongfully been denied the
right to vote in the parliamentary elections on 18 June 2015. They relied,
inter alia, on Article 3 of Protocol No. 1 to the Convention, both taken
alone and in conjunction with Article 14 of the Convention.
13. The Danish Ministry of Social Affairs and the Interior (Social- og
Indenrigsministeriet), against whom the above-mentioned proceedings were
brought, contested the claims.
14. Before the High Court of Eastern Denmark (Østre Landsret), a
written statement submitted by the first applicant was read out. According
to that statement, as read out by the first applicant’s mother:
“He suffered brain damage after being immunised during his first year [of life]. He
currently lives at the Egmont folk high school [Højskolen] in Hou. He is able to write
with [the help of a third party supporting his] hand and wrote the statement because,
unfortunately, he was not able to travel from Jutland to attend the trial hearing. For
many years, he has had to share a single vote in general elections with his mother,
who is his guardian. They have not always had the same perception of the political
landscape. It is humiliating for him not to have the right to cast his own vote, and he
would therefore be very pleased if judgment were to be delivered in his favour.
According to his papers, he was deemed to be unteachable. However,
neuropsychologists and occupational therapists have now been persuaded [that he has
some] intellect. He asks for justice.”
15. Before the High Court, the second applicant stated:
“He lives in Greve in his own flat, which is part of a group home. A mentor comes
every Wednesday to help him clean, do grocery shopping and read his mail. He is
thirty-five years old [sic]. He works on the Glad Foundation reception desk every day
from 8 a.m. until usually 2 p.m. or 3 p.m. There are always two employees at work on
the reception desk, and on Fridays there are three. He felt sad and disappointed about
not being allowed to vote in the general elections in June 2015, when everybody else
was allowed to. He feels like an outcast from society. He reads the Metroexpress
newspaper and is interested in politics. He watches the TV2 news before going to
work, and he watches the “TV-Avisen” news on the DR1 channel in the evening. He
was deprived of his legal capacity because it is difficult for him to manage his
financial affairs. He requested a guardian himself. He asked his mentor to organise the
[relevant] paperwork that had to be submitted to the State Administration
(Statsforvaltningen). Later the case was heard in court.”
16. In its judgment of 29 June 2017, the High Court dismissed the claim.
The High Court gave the following reasoning:
“...The provisions of the Constitution [regarding the right to vote] (previously
section 35 and section 30, and now section 29) have continuously been construed by
the legislature to mean that persons deprived of their legal capacity under section 2
and section 34 of the former Act on Legal Competence and, since the effective date of
the Guardianship Act, under section 6 of the Guardianship Act, do not have the right
to vote in general elections. This understanding also seems to be supported to a
predominant extent in printed legal literature on the subject.
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