European Court of Human Rights upholds voting rights of persons under guardianship

Via the Mental Disability Advocacy Center:

Persons with disabilities placed under guardianship are one of the most vulnerable groups of Hungarian society. One reason for their exclusion is that they are automatically deprived of their basic right to participate in political decision-making. Today, the European Court of Human Rights ruled that this blanket disenfranchisement is contrary to the European Convention of Human Rights.  In its judgment the European Court of Human Rights stated that Article　3 of Protocol No.　1 to the ECHR does not allow for an absolute bar on voting rights applied to anyone placed under partial guardianship irrespective of a person’s actual abilities. Even if the Protocol permits restrictions to ensure that only citizens capable of assessing the consequences of their decisions and making conscious and judicious decisions should participate in public affairs, the Court found that a blanket restriction is not in compliance with the Convention.  The Court’s judgment means that the legal regulation on the rights of persons with disabilities needs to be reconsidered, including amending the Hungarian Constitution. The ruling should provide further impetus to the somewhat halted reform process currently taking place with regard to the rights and legal status of persons with disabilities in the framework of the adoption of a new Civil Code. Read the Court’s press release.