Limits on the right to vote may be based on mental incapacity determined by a court.
- The law may regulate the exercise of the rights and opportunities referred to in the preceding paragraph [right to participate in government] only on the basis of age, nationality, residence, language, education, civil and mental capacity or sentencing by a competent court in criminal proceedings.
- Established mental incapacity may be a ground for denying a person the right to vote or to hold office.
- Reasonable restrictions may include factors such as residence, citizenship, current incarceration or having been convicted of a crime, and mental incapacity as determined by a court.
- Voting rights should be based on considerations that include: citizenship; legal age of majority (this may differ from country to country); residency requirements; any other additional grounds for disqualification (eg, prisoners in detention, persons with a criminal record, mentally disadvantaged, and so on).
- In general, these limitations fall within four categories: (1) minimum age requirements; (2) citizenship requirements; (3) residency requirements; and (4) loss of franchise due to mental incapacity, criminal conduct, or other factors. Any limitation or restriction on the right to vote, however, must be scrutinized as to whether it is clearly justified due to exceptional circumstances and whether it is proportionate to the circumstances in question.
- Reasonable restrictions may include factors such as residence, citizenship, convicted persons in legal detention, and those considered mentally incapacitated by the courts.
- The UN Human Rights Committee has noted as impermissible 'excessive limitations on the voting rights of convicted criminals.'
- Reasonable restrictions [on voting] have included distinctions based on age, citizenship, residency and mental competence.