Summary
With respect to candidates for office, there should be no restrictions on candidacy based on any form of disability.
Election Parts
Issues
Quotes
- States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability.
- Ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by: i. Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use; ii. Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate.
- 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: (…) b) Encouraging the effective participation of persons with disabilities in political and public life including as members of political parties, electors and holders of political and public offices 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: (…) b) Encouraging the effective participation of persons with disabilities in political and public life including as members of political parties, electors and holders of political and public offices in accordance with national laws.
- In order to fully realize the equal recognition of legal capacity in all aspects of life, it is important to recognize the legal capacity of persons with disabilities in public and political life (art. 29). This means that a person’s decision-making ability cannot be a justification for any exclusion of persons with disabilities from exercising their political rights, including the right to vote, the right to stand for election and the right to serve as a member of a jury.
- Accordingly, the Committee concludes that article XXIII, paragraph 6, of the Fundamental Law, which allows courts to deprive persons with intellectual disability of their right to vote and to be elected, is in breach of article 29 of the Convention, as is article 26, paragraph 2, of the Transitional Provisions of the Fundamental Law.
- The Committee further recommends that States parties guarantee the right of persons with disabilities to stand for election, to hold office effectively and to perform all public functions at all levels of government, with reasonable accommodation and support, where desired, in the exercise of their legal capacity.
- It is unreasonable to restrict the right to vote on the ground of physical disability or to impose literacy, educational or property requirements. Party membership should not be a condition of eligibility to vote, nor a ground of disqualification.
- All persons with disabilities, whether they have physical, sensory, or intellectual impairments, mental health problems or chronic illnesses, have the right to vote on the same basis as other citizens, and should not be deprived of this right by any law limiting their legal capacity, by any judicial or other decision or by any other measure based on their disability, cognitive functioning or perceived capacity. All persons with disabilities are also entitled to stand for office on an equal basis with others and should not be deprived of this right by any law restricting their legal capacity, by any judicial or other decision based on their disability, cognitive functioning or perceived capacity, or by any other means.
- Persons with disabilities should be enabled, freely and without discrimination, particularly of a legal, environmental and/or financial nature, to: - vote and stand for election at all levels; - have access to communication, information, procedures and facilities related to their political rights; - have equal access to public duties; - meet, join or found associations; - meet, join or found political parties; - express their opinions; - be closely consulted and actively included in the development and implementation of legislation and policies, and in other decision-making processes concerning issues that affect them.
- There should be clear procedures for the provision of necessary assistance to disabled, illiterate and elderly voters that protect, as far as possible, their right to vote secretly.
- 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.
- Polling stations should be situated in venues that are accessible to all voters, especially the elderly and the people with disabilities.
- 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.
- Handicapped or severely ill people must also have a chance to vote.
- Consensus exists that certain criteria to limit who has the right to vote are unacceptable. Based on Article 2 of the Universal Declaration of Human Rights, and other international human rights instruments, the following criteria cannot be employed to restrict who in a society has the right to vote: Race, Color, Sex, Language, Religion, Political or Other Opinion, National or social origin, or Ownership of property. Similarly, there is agreement that the right to vote cannot be refused to an individual because he or she is illiterate or lacks financial resources. In addition, based on international standards and practices the right to vote should not be denied based on a person's physical disabilities or sexual orientation.
- Voters with special needs, including the disabled, the elderly, students, conscripts, workers (including migrant workers out of the country), foreign service personnel and prisoners who have retained voting rights, should be accommodated.
- People with disabilities should therefore be able to exercise their right to vote and participate in political and public life as elected representatives on an equal basis with other citizens.
- The principle of “equality of opportunity must be guaranteed for parties and candidates alike” (The Code, item I.2.3.a). The application of this principle should be extended to include equality of opportunity for people with disabilities who stand for elections.
- Election laws may contain special provisions to facilitate voting by persons who are physically disabled, those in hospital or in prisons, those who are out of the country or who cannot come to the polling station for other valid reasons.
- An effort should be made to design election materials that are accessible to disadvantaged voters such as the blind and the deaf. In the absence of these materials, assistance should be provided to enable such voters to vote.