CAAMAÑO VALLE v. SPAIN JUDGMENT
neither on the requirement of a higher cognitive or intellectual capacity nor
on M.’s lack of knowledge regarding her voting options (that is to say her
choice of candidate or party) nor on any hypothetical irrationality in respect
of such choices, but on the strict and objective establishment of her lack of
capacity in respect of political affairs and electoral matters. The court’s
medical expert and the First-Instance Judge had ascertained the notable –
and at that time insuperable – deficiencies of M. (without, in accordance
with section 761 of the Civil Procedural Law, prejudging any possible
subsequent change in her capacity) in respect of her exercising an electoral
choice. The First-Instance Judge acknowledged that depriving a person of
her voting rights could not be an automatic consequence of a judicial
declaration of legal incapacity and that decisions dealing with such
situations had therefore to be extensively reasoned. He noted that the task at
hand was not that of examining the knowledge of the applicant’s daughter
about a specific political system, but to assess the circumstances of the case.
The restriction of her right to vote was not justified by the fact that she
hardly knew anything about the Spanish political system, but because she
was highly influenceable and not aware of the consequences of any vote that
she might cast. The First-Instance Judge emphasised in his judgment that
such decisions were always subject to judicial review.
9. In October 2014, the applicant lodged an appeal with the Regional
Court (Audiencia Provincial) of A Coruña. She asked the court to expressly
recognise her daughter’s right to vote, submitting that under Articles 12
and 29 of the CRPD, the right to vote of persons with disabilities was
recognised and that States had to provide them with the support necessary
for the full exercise of that right to be guaranteed.
10. On 11 March 2015, the Regional Court of A Coruña dismissed the
applicant’s appeal. The Regional Court considered that a decision to deprive
a person of his or her right to vote was legal and compatible with the CRPD,
provided that that person’s capacity to exercise the right to vote had been
subjected to individual review by a judicial body; it noted that the firstinstance judgment had been sufficiently reasoned. The Regional Court
emphasised that the intellectual ability of the applicant’s daughter was
equivalent to that of child aged between six and eight.
11. In April 2015, the applicant lodged an appeal on points of law with
the Supreme Court. She argued that all citizens had the right to vote under
Article 23 of the Spanish Constitution (taken in conjunction with
Article 10 § 2 thereof, which provided that fundamental rights recognised
under the Constitution should be interpreted in accordance with the
international conventions ratified by Spain). Moreover, she considered it to
be contrary to the principle of non-discrimination that disabled people were
prevented from exercising the fundamental right to vote.
12. On 17 March 2016, the Supreme Court dismissed the applicant’s
appeal, upholding the decision of the Regional Court and ruling that the
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