799 Results
Quotes
Quotes based on international documents, law, and treaties- "As an ex ante duty, accessibility must be built into systems and processes without regard to the need of a particular person with a disability, for example, to have access to a building, a service or a product, on an equal basis with others. States parties must set accessibility standards that are developed and adopted in consultation with organizations of persons with disabilities, consistent with article 4 (3) of the Convention. The duty of accessibility is a proactive, systemic duty."
- "As an ex nunc duty, reasonable accommodation must be provided from the moment that a person with a disability requires access to non-accessible situations or environments, or wants to exercise his or her rights. (…) It is important to note that the duty to provide reasonable accommodation is not limited to situations in which the person with a disability has asked for an accommodation or in which it could be proved that the alleged duty bearer was actually aware that the person in question had a disability. It should also apply in situations where a potential duty bearer should have realized that the person in question had a disability that might require accommodations to address barriers to exercising rights."
- "The duty to provide reasonable accommodation in accordance with articles 2 and 5 of the Convention can be broken down into two constituent parts. The first part imposes a positive legal obligation to provide a reasonable accommodation which is a modification or adjustment that is necessary and appropriate where it is required in a particular case to ensure that a person with a disability can enjoy or exercise her or his rights. The second part of this duty ensures that those required accommodations do not impose a disproportionate or undue burden on the duty bearer."
- "Because the gradual realization of accessibility in the built environment, public transportation and information and communication services may take time, reasonable accommodation may be used as a means to provide access to an individual in the meantime, as it is an immediate duty."
- "To ensure consistency between articles 5 and 12 of the Convention, States parties should: (a) Reform existing legislation to prohibit discriminatory denial of legal capacity, premised on status-based, functional or outcome-based models. Where appropriate, replace those with models of supported decision-making, taking into account universal adult legal capacity without any form of discrimination."
- "States parties should aim to: (a) Reform laws, policies and regulations that systematically exclude persons with disabilities from voting and/or standing as candidates in elections."
- "States parties should aim to: (…) (b) Ensure that the electoral process is accessible to all persons with disabilities, including before, during and after elections."
- "States parties should aim to: (…) (c) Provide reasonable accommodation to individual persons with disabilities and support measures based on the individual requirements of persons with disabilities to participate in political and public life."
- "In the light of these considerations, the Assembly calls on Council of Europe member and observer States, and States whose parliaments enjoy observer or partner for democracy status with the Parliamentary Assembly to: (...) 7.2. with regard to legal capacity: 7.2.1. delink the right to vote from legal capacity and full guardianship and, recalling Assembly Resolution 2039 (2015), replace substitute decision-making mechanisms with supported decision-making mechanisms, in respect of their international commitments."
- "In the light of these considerations, the Assembly calls on Council of Europe member and observer States, and States whose parliaments enjoy observer or partner for democracy status with the Parliamentary Assembly to: (...) 7.4. with regard to accessibility of polling stations, information and procedures, including electoral campaigns: 7.4.1. ensure physical accessibility of public buildings, including polling stations, national, regional and local parliaments and government buildings, and guarantee that at least one polling station in every election district provides full accessibility."
- "In the light of these considerations, the Assembly calls on Council of Europe member and observer States, and States whose parliaments enjoy observer or partner for democracy status with the Parliamentary Assembly to: (...) 7.4. with regard to accessibility of polling stations, information and procedures, including electoral campaigns: (...) 7.4.2. ensure the provision of information about electoral processes, voting procedures and political programmes in accessible formats, including in easy-to-read and easy-to-understand versions, with sign interpretation when required, subtitles for videos and Braille versions; 7.4.3. provide ballot papers in accessible formats and tactile voting devices for blind people in at least one polling station in every election district."
- "It is not acceptable to remove and/or limit the right to vote or to stand as a candidate on the basis of any type of disability, including intellectual or psychosocial disabilities."
- "Supported decision-making means that a person can receive the necessary assistance to adopt certain decisions in life, including when exercising the right to vote. Such mechanisms should replace the substituted decision-making ones, providing persons with disabilities with the necessary support to exercise their electoral and political rights without undue limitation."
- "To allow for the effective regulation of the use of state resources, legislation should clearly define what use is permitted and what is prohibited."
- "The legislation should be enacted sufficiently in advance of elections to give voters and all participants in the process – including authorities, contestants and media – enough time to become informed of the rules. The late adoption of campaign finance legislation can undermine trust in the process and reduce the opportunity for contestants and other stakeholders to become familiar with and prepare for implementation of the rules."
- "Campaign finance rules should ensure equality of opportunity for parties and candidates alike. Special measures may be incorporated to encourage more balanced participation of underrepresented groups, such as women, national minorities or persons with disabilities."
- "While it is important to respect the free internal functioning of parties with regard to candidate selection and platform choices, public campaign financing may be used as a means to encourage more balanced participation of men and women as candidates."
- "Democracy requires, in particular, the holding, at regular intervals, of free, fair and transparent elections, based on the respect and exercise, without any hindrance or discrimination, of the right to freedom and physical integrity for every voter and every candidate, the rights to freedom of opinion and expression, especially through the press and other communications media, freedom of assembly and demonstration, and freedom of association."
- "Democracy is incompatible with any substantial change in the electoral system introduced arbitrarily or surreptitiously, and there must be a reasonable interval between the adoption of any amendment and its entry into force. "
- "Democracy presupposes the existence of political parties that have equal rights and are free to organize and to express themselves, provided their programs and actions do not call into question the fundamental values of democracy and human rights. Thus, democracy goes hand-in-hand with a multiparty system. The opposition must be guaranteed a clearly defined status free of any ostracism."
- "Every person with disability has the right to barrier free access to the physical environment, transportation, information, including communications technologies and systems, and other facilities and services open or provided to the public. "
- "State Parties shall take all appropriate policy, legislative and other measures to ensure this right (to participate in political and public life), on the basis of equality, including through: (…) c) Putting in place reasonable accommodations and other support measures consistent with the secrecy of the ballot, including as appropriate, accessibility of polling stations and facilitating assisted voting, for persons with disabilities to enable their effective participation in political and public life in accordance with national laws. "
- "State Parties shall take all appropriate policy, legislative and other measures to ensure this right (to participate in political and public life), on the basis of equality, including through: (…) e) Repealing or amending laws that on the basis of disability restrict the right of persons with disabilities to vote, stand for or remain in public office. "
- "The human rights model of disability recognizes that disability is a social construct and impairments must not be taken as a legitimate ground for the denial or restriction of human rights."
- "Persons with disabilities have the right to be effectively protected and to positively engage. The law itself shall guarantee the substantive equality of all those within a given jurisdiction. Thus, the recognition that all persons with disabilities are equal under the law means that there should be no laws that allow for specific denial, restriction or limitation of the rights of persons with disabilities, and that disability should be mainstreamed in all legislation and policies."
- "Reasonable accommodation duties are different from accessibility duties. Both aim to guarantee accessibility, but the duty to provide accessibility through universal design or assistive technologies is an ex ante duty, whereas the duty to provide reasonable accommodation is an ex nunc duty."
- "As an ex ante duty, accessibility must be built into systems and processes without regard to the need of a particular person with a disability, for example, to have access to a building, a service or a product, on an equal basis with others. States parties must set accessibility standards that are developed and adopted in consultation with organizations of persons with disabilities, consistent with article 4 (3) of the Convention. The duty of accessibility is a proactive, systemic duty."
- "As an ex nunc duty, reasonable accommodation must be provided from the moment that a person with a disability requires access to non-accessible situations or environments, or wants to exercise his or her rights. (…) It is important to note that the duty to provide reasonable accommodation is not limited to situations in which the person with a disability has asked for an accommodation or in which it could be proved that the alleged duty bearer was actually aware that the person in question had a disability. It should also apply in situations where a potential duty bearer should have realized that the person in question had a disability that might require accommodations to address barriers to exercising rights."
- "The duty to provide reasonable accommodation in accordance with articles 2 and 5 of the Convention can be broken down into two constituent parts. The first part imposes a positive legal obligation to provide a reasonable accommodation which is a modification or adjustment that is necessary and appropriate where it is required in a particular case to ensure that a person with a disability can enjoy or exercise her or his rights. The second part of this duty ensures that those required accommodations do not impose a disproportionate or undue burden on the duty bearer."
- "Because the gradual realization of accessibility in the built environment, public transportation and information and communication services may take time, reasonable accommodation may be used as a means to provide access to an individual in the meantime, as it is an immediate duty."
- "To ensure consistency between articles 5 and 12 of the Convention, States parties should: (a) Reform existing legislation to prohibit discriminatory denial of legal capacity, premised on status-based, functional or outcome-based models. Where appropriate, replace those with models of supported decision-making, taking into account universal adult legal capacity without any form of discrimination."
- "States parties should aim to: (a) Reform laws, policies and regulations that systematically exclude persons with disabilities from voting and/or standing as candidates in elections."
- "States parties should aim to: (…) (b) Ensure that the electoral process is accessible to all persons with disabilities, including before, during and after elections."
- "States parties should aim to: (…) (c) Provide reasonable accommodation to individual persons with disabilities and support measures based on the individual requirements of persons with disabilities to participate in political and public life."
- "In the light of these considerations, the Assembly calls on Council of Europe member and observer States, and States whose parliaments enjoy observer or partner for democracy status with the Parliamentary Assembly to: (...) 7.2. with regard to legal capacity: 7.2.1. delink the right to vote from legal capacity and full guardianship and, recalling Assembly Resolution 2039 (2015), replace substitute decision-making mechanisms with supported decision-making mechanisms, in respect of their international commitments."
- "In the light of these considerations, the Assembly calls on Council of Europe member and observer States, and States whose parliaments enjoy observer or partner for democracy status with the Parliamentary Assembly to: (...) 7.4. with regard to accessibility of polling stations, information and procedures, including electoral campaigns: 7.4.1. ensure physical accessibility of public buildings, including polling stations, national, regional and local parliaments and government buildings, and guarantee that at least one polling station in every election district provides full accessibility."
- "In the light of these considerations, the Assembly calls on Council of Europe member and observer States, and States whose parliaments enjoy observer or partner for democracy status with the Parliamentary Assembly to: (...) 7.4. with regard to accessibility of polling stations, information and procedures, including electoral campaigns: (...) 7.4.2. ensure the provision of information about electoral processes, voting procedures and political programmes in accessible formats, including in easy-to-read and easy-to-understand versions, with sign interpretation when required, subtitles for videos and Braille versions; 7.4.3. provide ballot papers in accessible formats and tactile voting devices for blind people in at least one polling station in every election district."
- "It is not acceptable to remove and/or limit the right to vote or to stand as a candidate on the basis of any type of disability, including intellectual or psychosocial disabilities."
- "Supported decision-making means that a person can receive the necessary assistance to adopt certain decisions in life, including when exercising the right to vote. Such mechanisms should replace the substituted decision-making ones, providing persons with disabilities with the necessary support to exercise their electoral and political rights without undue limitation."
- "The CRPD Committee has consequently been very clear that the treaty does not permit the removal of legal capacity based on mental or intellectual disability. It is clear that neither general nor individualized court decisions are acceptable bases for the removal of suffrage rights. In 2011, in Bujdosó and five others v. Hungary, the Committee heard a case in which persons with intellectual disability were placed under partial or full guardianship and their names automatically removed from the electoral register. The Committee found that the “exclusion of the right to vote on the basis of a perceived, or actual psychosocial or intellectual disability, including a restriction pursuant to an individualized assessment, constitutes discrimination on the basis of disability”."
- "As long as goods, products and services are open or provided to the public, they must be accessible to all, regardless of whether they are owned and/or provided by a public authority or a private enterprise. Persons with disabilities should have equal access to all goods, products and services that are open or provided to the public in a manner that ensures their effective and equal access and respects their dignity."
- "Accessibility is related to groups, whereas reasonable accommodation is related to individuals. This means that the duty to provide accessibility is an ex ante duty. States parties therefore have the duty to provide accessibility before receiving an individual request to enter or use a place or service. (...) The obligation to implement accessibility is unconditional, i.e. the entity obliged to provide accessibility may not excuse the omission to do so by referring to the burden of providing access for persons with disabilities. "
- "The duty to provide reasonable accommodation is an ex nunc duty, which means that it is enforceable from the moment an individual with an impairment needs it in a given situation, for example, workplace or school, in order to enjoy her or his rights on an equal basis in a particular context. Here, accessibility standards can be an indicator, but may not be taken as prescriptive. Reasonable accommodation can be used as a means of ensuring accessibility for an individual with a disability in a particular situation. Reasonable accommodation seeks to achieve individual justice in the sense that non-discrimination or equality is assured, taking the dignity, autonomy and choices of the individual into account."
- "They solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: (5.4) a clear separation between the State and political parties; in particular, political parties will not be merged with the State."
- "The legal framework must establish effective mechanisms to prevent public officials from taking unfair advantage of their positions in order to influence the outcome of elections. Provisions regarding permissible uses of state resources should clearly apply to both incumbent and opposition political forces, and should not favor or discriminate against any party or candidate."
- "The regulation of misuse of administrative resources in the domestic legal framework can be explicit or implicit. On the one hand, laws can explicitly provide for a general prohibition of the misuse of administrative resources. (…) Also, implicit provisions aiming at countering instances of misuse of administrative resources can be included in domestic legislation, such as through the establishment of guarantees (e.g. requiring a level playing field for all candidates; or by generally sanctioning breaches of official duties by electoral commissions) which are relevant safeguards against any abuse. Of course, explicit and implicit regulation may occur cumulatively."
- "The legal framework should provide for a general prohibition of the misuse of administrative resources during electoral processes. The prohibition has to be established in a clear and predictable manner. "
- "In order to ensure neutrality of the civil service during electoral processes and consequently to avoid any risk of conflict of interest, the legal framework should provide for a clear separation between the exercise of politically sensitive public positions, in particular senior management positions, and candidacy. In this respect, the legal framework should provide for a range of adequate and proportionate rules. Such rules may include a clear instruction on how and when campaigning in a personal capacity may be conducted, suspension from office or resignation of certain public authorities running for elections."
- "The legal framework should provide for equitable access for all political parties and candidates to administrative resources during electoral processes, to public funding of political parties and campaigns, and to publicly-owned media. This also applies to public buildings and facilities used for campaigning. "
- "The ordinary work of government must continue during an election period. However, in order to prevent the misuse of administrative resources to imbalance the level playing field during electoral competitions, the legal framework should state that no major announcements linked to or aimed at creating a favourable perception towards a given party or candidate should occur during campaigns. This does not include announcements that are necessary due to unforeseen circumstances, such as economic and/or political developments in the country or in the region, e.g. following a natural disaster or emergencies of any kind that demand immediate and urgent action that cannot be delayed."