Election Obligations & Standards Database

Summary

Accommodation to vote should be made for voters with special needs, including persons with disabilities.

Obligations

Universal Suffrage

Election Parts

Voting Operations

Issues

Facilitation of Voting

Criteria

Voting operations facilitated broad participation

Quotes

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.
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: (…) 3. ensure that older persons with disabilities have access to assistive devices and specialized care, which respond to their needs in their communities.
State Parties shall take reasonable and progressive step measures to facilitate full enjoyment by persons with disabilities of this right, and such measures shall, among others, apply to: (…) c) Information, communications, sign languages and tactile interpretation services, braille, audio and other services, including electronic services and emergency services; (...) e) The modification of all inaccessible infrastructure and the universal design of new infrastructure.
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 reasonable and progressive step measures to facilitate full enjoyment by persons with disabilities of this right, and such measures shall, among others, apply to: (…) c) Information, communications, sign languages and tactile interpretation services, braille, audio and other services, including electronic services and emergency services; (...) e) The modification of all inaccessible infrastructure and the universal design of new infrastructure.
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.
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.
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.
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.
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: (…) (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.
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.
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.
When defining accessibility standards, States parties have to take into account the diversity of persons with disabilities and ensure that accessibility is provided to persons of any gender and of all ages and types of disability.
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.
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.
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.
States should foster citizen participation in the electoral process by] safeguarding the right to vote of vulnerable groups (people with disabilities, people who are illiterate, etc.) by adapting polling stations and voting material to their needs.
[States should foster citizen participation in the electoral process by] guaranteeing that all possible means are used to make all polling stations accessible.
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.
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.
The Human Rights Council, (…) 7. Encourages all States to take appropriate measures to promote, with the participation of persons with disabilities, the design, development, production and distribution of information and communications technology and systems, including assistive and adaptive technologies, that are accessible to persons with disabilities.
To this end, member states should introduce mechanisms to enable persons with disabilities to vote by other means, where travel to conventional polling stations is a major obstacle to their political participation.
If a voter is unable to sign [the Voters' Register] because of a physical disability or the inability to write, then there will likely be a provision for them to be assisted in voting, either by a voter of their choice or a member of the Commission.
Handicapped or severely ill people must also have a chance to vote.
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.
[V]oters should always have the possibility of voting in a polling station. Other means of voting are acceptable under the following conditions: iii. postal voting should be allowed only where the postal service is safe and reliable; the right to vote using postal votes may be confined to people who are in hospital or imprisoned or to persons with reduced mobility or to electors residing abroad; fraud and intimidation must not be possible.
Alternative ways of voting should only be used in cases where it is not possible, or it is extremely difficult, for persons with disabilities to vote in polling stations, like everyone else. General reliance on voting assistance and alternative voting as a way to ensure the political participation of persons with disabilities would not be consistent with the general obligations undertaken by States parties under articles 4 and 29 of the Convention.
Polling stations should be situated in venues that are accessible to all voters, especially the elderly and the people with disabilities.
Key electoral information should be made available in multiple, accessible formats, which may include Braille, large print, audio, easy-to-understand versions and sign language. This includes information about how to participate in an election, how to lodge complaints and appeals, results and updates from the election administration.
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.
Key electoral information should be made available in multiple, accessible formats, which may include Braille, large print, audio, easy-to-understand versions and sign language. This includes information about how to participate in an election, how to lodge complaints and appeals, results and updates from the election administration.
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.
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.