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MÓŁKA v. POLAND DECISION
(c) The revised European Social Charter, adopted by the Committee of
Ministers on 1–4 April 1996 and opened for signature on 3 May 19961,
provides in its Article 15, entitled “Right of persons with disabilities to
independence, social integration and participation in the life of the
community”:
“With a view to ensuring to persons with disabilities, irrespective of age and the
nature and origin of their disabilities, the effective exercise of the right to
independence, social integration and participation in the life of the community, the
Parties undertake, in particular:
...
3. to promote their full social integration and participation in the life of the
community, in particular through measures, including technical aids, aiming to
overcome barriers to communication and mobility and enabling access to transport,
housing, cultural activities and leisure.”
(d) Recommendation No. Rec(2006)5 of the Committee of Ministers of
5 April 2006 on the Council of Europe Action Plan to promote the rights
and full participation of people with disabilities in society identifies a
comprehensive set of objectives and specific actions to be implemented by
Member States in this area.
As regards participation in political and public life, Recommendation
No. Rec(2006)5 states:
“The participation of all citizens in political and public life and the democratic
process is essential for the development of democratic societies. Society needs to
reflect the diversity of its citizens and benefit from their varied experience and
knowledge. It is therefore important that people with disabilities can exercise their
rights to vote and to participate in such activities.”
It further recommends to Member States, among others, “to ensure that
voting procedures and facilities are appropriate and accessible to people
with disabilities so that they are able to exercise their democratic rights, and
allow, where necessary, the provision of assistance in voting.”
COMPLAINTS
1. The applicant complained under Article 6 of the Convention about the
unfairness of the court proceedings.
2. He also alleged that he had been deprived of his right to vote on
account of his disability and submitted that the facts of his case disclosed a
violation of Article 3 of Protocol No.1 and Article 14 of the Convention.
3. The Court raised of its own motion a complaint under Article 8 of the
Convention.
1. Poland signed the revised European Social Charter on 25 October 2005.
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