Even in countries that have taken steps to align their law with the
CRPD, like Ghana, there is still much work to be done. In 2012, the
Ghanaian government passed a Mental Health Act that protects
the civil and political rights of persons with psychosocial disabilities.
While the new law now allows residents of psychiatric hospitals
to vote for the President, voter registration policies impede some
residents from voting for regional candidates, such as members of
Parliament, if registered in a different constituency than where the
hospital is located.
Good Practice
In Guatemala, the EMB recruited
volunteers with Down syndrome
to package election materials. The
EMB featured these volunteers in
promotional materials and public
service announcements, thereby
sensitizing the general public to the
abilities of persons with disabilities.
Section 2
that States parties have undertaken under Articles 2, 12 and 29 of
the Convention, and should be eliminated as a matter of priority
from national legislation and practices.” 34
The election law may also impact policies regarding voting with an assistant. In some cases, voters with disabilities might request assistance when voting. The choice of assistant can impact the secrecy and security of
the vote, as an assistant could intimidate or manipulate the voter. To mitigate this risk, DPOs participating in
the CRPD drafting process negotiated a requirement that voters with disabilities be allowed “assistance in voting by a person of their own choice” in Article 29 of the CRPD. However, many States violate this directive and
only allow poll workers to provide assistance in voting.
The election law can also stipulate allowable stop-gap measures for inaccessible polling stations when it is not
possible to make all polling stations accessible in time for the election. While the end goal should be to make
all polling stations accessible, if a polling station is not yet accessible, procedures such as advance voting and
mobile ballot boxes can provide greater access. Both of these provisions sometimes raise fraud and/or secrecy
concerns, so allowing a separate voting booth on the ground floor can help alleviate these concerns. While
such provisions may be helpful as short-term or transitional measures, they should not be used as a permanent alternative to making all polling centers accessible.
Some election laws stipulate that only people who can speak in the native language of the country can run for
office. This type of provision could exclude candidates who are deaf and do not use an oral language.
To mitigate barriers caused by discriminatory election laws, international donors and implementing organizations can support the review of election laws, provide regional examples and assist in drafting more inclusive
laws. For example, in Egypt, IFES conducted an election law review and provided comments to the EMB on
ways that the law restricted the rights of voters with disabilities. A group of local organizations then led an
awareness campaign resulting in the Egyptian Human Rights Council committing to establish a disability committee, providing an opportunity to secure the rights of persons with disabilities.
Inclusive election laws should have the following characteristics:
Universal suffrage, including persons under guardianship
No medical or language requirements for candidates or voters
Flexibility to find creative solutions to inaccessible polling locations, with the end goal of permanent
accessibility
Right to vote in secret, and, if desired, to be assisted by a person of the voter’s choice
Provision of reasonable accommodations, such as tactile ballot guides
34 Ibid.
Equal Access: How to Include Persons with Disabilities in Elections and Political Processes
41