http://www.mdac.info
http://www.venice.coe.int/site/main/presentation_ITA.asp
The Venice Commission adopted its Interpretative Declaration at its 84th Plenary Session on 15-16 October 2010 with a clearly discriminatory content according to which
No person with a disability can be excluded from the right to vote or to stand for election on the basis of her/his physical and/or mental disability unless the deprivation of the right to vote and to be elected is imposed by an individual decision of a court of law because of proven mental disability.
On 25 February 2011, MDAC submitted a letter to and requested the Venice Commission to bring its policy on the voting rights of people with disabilities in line with existing international law. In an accompanying three-page Legal Opinion, MDAC set out why the Venice Commission should revise its Interpretative Declaration, setting out Council of Europe law, policy and statements which support the notion that the right to vote and to stand for election applies without discrimination to everyone, including those with intellectual disabilities and those with psycho-social (mental health) disabilities. The Legal Opinion pointed out that most of the Council of Europe Member States have ratified or signed the UN Convention on the Rights of Persons with Disabilities (CRPD). The Convention has also been ratified by the European Union. Article 29 of the Convention sets out political participation rights, including the right to vote and stand for election, for all adults with disabilities without exception.
In April 2011, we got answer from the Venice Commission according to which the relevant paragraph is planned to be revised at the Commission’s next meetings (Venice, 16-18 June 2011). The proposed revised paragraph would read as follows:
Universal suffrage is a fundamental principle of the European Electoral Heritage. People with disabilities may not be discriminated against in this regard. Nevertheless, a court, in an individual decision, may consider that the lack of proper judgment of a disabled person may prevent him or her from exercising his or her right to vote or to stand for elections.
According to the Venice Commission, the Interpretative Declaration is in conformity with the relevant international instruments and case-law. They say that CRPD Article 29 does not provide for an absolute right. The judgment of the European Court of Human Rights in the case of Kiss v. Hungary asks for individual decisions on the issue of deprivation of the right to vote on the basis of mental disability and therefore does not preclude such a deprivation. As for the Commission, the Interpretative Declaration is based on the key principle of universal suffrage, as part of the European Electoral Heritage, and is fully applicable to people with disabilities, without any discrimination.
In its Concluding Observations regarding Tunisia the Committee on the Rights of Persons with Disabilities, at its fifth session, recommended the urgent adoption of legislative measures to ensure that the right of persons with disabilities, including persons who are currently under guardianship or trusteeship, can exercise their right to vote and to participate in public life on an equal basis with others.
MDAC’s position is that the Venice Commission’s work is undermined by a clear misreading of international human rights law. Universal suffrage applies to all, irrespective of ability or disability and the Venice Commission should adopt a revised document based on the CRPD interpretation of the Committee on the Rights of Persons with Disabilities.
MDAC would like to organize a pre-event in Venice (Italy) on 15 June 2011 to influence Venice Commission’s work on the right to vote of people with disabilities. We are planning to submit a paper to all members of the Venice Commission and invite them for the pre-event, where we are going to advocate for universal suffrage for all people without any discrimination. We are also planning to organize a protest with the participation of people with disabilities, DPOs and NGOs.
