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ALAJOS KISS v. HUNGARY JUDGMENT
addresses, of the changes occurring in the data, specified in paragraph (2), of ...
citizens of legal age without the right to vote, as follows:
a) the office of guardians ... on placement under guardianship limiting or excluding
legal capacity, and on the termination of guardianship, ...
(2) The communication described under paragraph (1) includes the citizen's:
a) first and last name (for women, also maiden name),
b) personal identification number,
c) the reason for exclusion from the exercise of voting rights, its beginning date and
expected end date.”
14. The United Nations Convention on the Rights of Persons with
Disabilities (the “CRPD”), which was ratified by Hungary on 20 July 2007,
provides as follows:
Article 1 - Purpose
... “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 12 - Equal recognition before the law
“1. States Parties reaffirm that persons with disabilities have the right to recognition
everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on
an equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with
disabilities to the support they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal
capacity provide for appropriate and effective safeguards to prevent abuse in
accordance with international human rights law. Such safeguards shall ensure that
measures relating to the exercise of legal capacity respect the rights, will and
preferences of the person, are free of conflict of interest and undue influence, are
proportional and tailored to the person's circumstances, apply for the shortest time
possible and are subject to regular review by a competent, independent and impartial
authority or judicial body. The safeguards shall be proportional to the degree to which
such measures affect the person's rights and interests. ...”
Article 29 - Participation in political and public life
“States Parties shall guarantee to persons with disabilities political rights and the
opportunity to enjoy them on an equal basis with others, and shall undertake to: