CRPD/C/10/D/4/2011 9.5 The Committee further recalls that under article 12, paragraph 2, of the Convention, States parties must recognize and uphold the legal capacity of persons with disabilities “on an equal basis with others in all aspects of life”, including political life, which encompasses the right to vote. Under article 12, paragraph 3, of the Convention, States parties have a positive duty to take the necessary measures to guarantee to persons with disabilities the actual exercise of their legal capacity. Accordingly, the Committee is of the view that, by depriving the authors of their right to vote, based on a perceived or actual intellectual disability, the State party has failed to comply with its obligations under article 29 of the Convention, read alone and in conjunction with article 12 of the Convention. 9.6 Having found the assessment of individuals’ capacity to be discriminatory in nature, the Committee holds that this measure cannot be purported to be legitimate. Nor is it proportional to the aim of preserving the integrity of the State party’s political system. The Committee recalls that, under article 29 of the Convention, the State party is required to adapt its voting procedures, by ensuring that they are “appropriate, accessible and easy to understand and use”, and, where necessary, allowing persons with disabilities, upon their request, assistance in voting. It is by so doing that the State party will ensure that persons with intellectual disabilities cast a competent vote, on an equal basis with others, while guaranteeing voting secrecy. 9.7 The Committee therefore finds that the State party has failed to comply with its obligations under article 29, read alone and in conjunction with article 12 of the Convention. 10. The Committee on the Rights of Persons with Disabilities, acting under article 5 of the Optional Protocol to the Convention, is of the view that the State party has failed to fulfil its obligations under article 29, read alone and in conjunction with article 12 of the Convention. The Committee therefore makes the following recommendations to the State party: (a) Concerning the authors: the State party is under an obligation to remedy the deletion of the authors’ names from the electoral registers, including by providing them with adequate compensation for moral damages incurred as a result of being deprived of their right to vote in the 2010 elections, as well as for the legal costs incurred in filing this communication; (b) In general: the State party is under an obligation to take measures to prevent similar violations in the future, including by: (i) Considering repealing article XXIII, paragraph 6, of the Fundamental Law, and article 26, paragraph 2, of the Transitional Provisions of the Fundamental Law, given that they are contrary to articles 12 and 29 of the Convention; (ii) Enacting laws that recognize, without any “capacity assessment”, the right to vote for all persons with disabilities, including those with more need of support, and that provide for adequate assistance and reasonable accommodation in order for persons with disabilities to be able to exercise their political rights; (iii) Upholding, and guaranteeing in practice, the right to vote for persons with disabilities, on an equal basis with others, as required by article 29 of the Convention, by ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use, and where necessary, at their request, allowing assistance in voting by a person of their choice. 11. In accordance with article 5 of the Optional Protocol and rule 75 of the Committee’s rules of procedure, the State party shall submit to the Committee, within six months, a written response including any information on action taken in the light of the Views and 13