"The Court further considers that the treatment as a single class of those with intellectual or mental disabilities is a questionable classification, and the curtailment of their rights must be subject to strict scrutiny. This approach is reflected in other instruments of international law, referred to above (paragraphs 14-17). The Court therefore concludes that an indiscriminate removal of voting rights, without an individualised judicial evaluation and solely based on a mental disability necessitating partial guardianship, cannot be considered compatible with the legitimate grounds for restricting the right to vote. "
DocumentCoE (ECHR): Case of Alajos Kiss v. Hungary, para. 44
- Every citizen has the right to vote.
- Voting procedures, facilities, and materials should be appropriate, accessible, and easy to use for persons with disabilities.
- Distinctions made on the basis of disabilities are to be considered discrimination.
- Limits placed on the right to vote must be based on objective and reasonable criteria.