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CAAMAÑO VALLE v. SPAIN JUDGMENT II. INTERNATIONAL LEGAL INSTRUMENTS AND COMPARATIVE PRACTICE 21. The relevant provisions of the International Covenant on Civil and Political Rights (CCPR), adopted on 19 December 1966, and ratified by Spain on 13 April 1977, read as follows: Article 25 “Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.” 22. In recent concluding observations – notably in those on the fifth periodic report of Portugal, adopted on 2-27 March 2020 (CCPR/C/PRT/CO/5) – the Human Rights Committee made the following observations with respect to persons with psychosocial or intellectual disabilities: “18. ... The Committee further notes with concern the undue restrictions imposed on the right to vote for people with mental disabilities. 19. The State party should: ... (c) Ensure that it does not discriminate against persons with mental, intellectual or psychosocial disabilities by denying them the right to vote on grounds that are disproportionate or have no reasonable and objective relation to their ability to vote, taking account of article 25 of the Covenant.” 23. The relevant provisions of the Convention on the Rights of Persons with Disabilities (CRPD), adopted on 13 December 2006 and ratified by Spain on 9 April 2008, read as follows: Article 1 – Purpose “The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.” Article 2 – Definitions “For the purposes of the present Convention: ... 9

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Caamaño Valle v. Spain

Judgment

Question Presented: Whether the rescission of voting rights for disabled person under guardianship based on individualized assessment is legal under Article 3, Protocol No. 1 of the European Convention on Human Rights.

Alleged Acts: Applicant, Ms. Caamaño Valle, was the mother of a young woman with an intellectual disability. Around her daughter's 18th birthday, the mother requested that her daughter be placed under her legal guardianship (partial guardianship under Spanish law), but explicitly asked that the daughter not be deprived of her right to vote. Spanish courts placed the daughter under guardianship but also removed her voting rights, finding that she was "highly influenceable and not aware of the consequences of any vote that she might cast." The Spanish courts determined that the daughter lacked sufficient mental capacity to make a free and informed electoral choice, and that allowing her to vote would not serve the purpose of the democratic process.

Procedural history: Mother filed an application with the European Court of Human Rights, alleging that the disenfranchisement violated her daughter's right to vote under Article 3 of Protocol No. 1 to the European Convention on Human Rights.

Summary: The European Court of Human Rights (ECHR) ruled in Caamaño Valle v. Spain that Spain did not violate the applicant’s rights under Article 3 of Protocol No. 1 (right to vote) and Article 14 (prohibition of discrimination) in the case of her daughter, M., who has an intellectual disability.

Conclusion: Spain's disenfranchisement of the applicant's daughter did not violate the European Convention. The judgment upheld the removal of voting rights for a person with an intellectual disability where domestic courts had conducted an individualized assessment and found that the person was incapable of understanding the electoral process and susceptible to undue influence.

Legal Issue(s)

Accessibility

Applicable Law(s): Article 3, Protocol No. 1, and Article 14 of the European Convention on Human Rights

Region: Europe and Eurasia

Country: Spain

Language of Decision

English

Court: Human Rights Court

Election Type: Parliamentary

Date of decision: Aug 11, 2021

Geolocation

Latitude: 48.5964

Longitude: 7.7742

: Geolocation

Link: https://hudoc.echr.coe.int/#{%22itemid%22:[%22001-210089%22]}

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CASE OF CAAMAÑO VALLE v. SPAIN.pdf
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Caamaño Valle v. Spain

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