Timeline

21 October 2010

The Venice Commission issues its “Interpretative Declaration to the Code of Good Practice in Electoral Matters on the participation of people with disabilities in elections”, CDL(2011)041. Paragraph 2 states: “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.”

November 2010

The “Committee of Experts on the Participation of People with Disabilities in Political and Public life” (an intergovernmental experts’ committee of the Council of Europe) suggests that the Venice Commission change its Interpretive Declaration to: “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.”

25 February 2011

MDAC sends its Legal Opinion on the Interpretive Declaration to the president of the Venice Commission and formally asks the Venice Commission to reconsider its position.

22 March 2011

Thomas Hammarberg (the European Commissioner of Human Rights) issues a statement which speaks directly to the Venice Commission’s proposals, stating that the "principle of universal suffrage is not consistently applied. Persons with mental health problems or intellectual disabilities are denied voting rights, in most cases as a consequence of having had their ‘legal capacity’ restricted or removed." Hammarberg states that the UN Convention on the Rights of Persons with Disabilities “leaves no room for procedures in which judges or medical practitioners would assess the voting competence of a person and then give a green light - or not. As we do not test that capability for someone without disabilities, this would amount to blatant discrimination.” Explaining how people with disabilities who may need assistance could be supported to exercise their human rights, Hammarberg states that “society should offer assistance to make it possible for the individual to exercise them, including to take part in political life. The Convention places an obligation on governments to ensure that such assistance is provided if needed, including in exercising the right to vote. There is a huge difference between this approach and just depriving someone of their rights.”

12 April 2011

The Venice Commission replies to MDAC, explaining that it will reconsider its Interpretive Declaration at its April 2011 meeting, and offers a fresh proposal of paragraph 2: “Universal suffrage is a fundamental principle of the European Electoral Heritage. People with disabilities may not be discriminated against in this regard. Nevertheless, 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.” MDAC comment: this proposal fails to comply with international law as it allows a judge to strip the right to vote of a person with disability. See What’s wrong with the “proper judgment” test for voting? question in the FAQ.

13 May 2011

A fresh proposal from the Belgian CAHPAH-PPL Delegate, supported by the CAHPAH Bureau reads, “Universal suffrage is a fundamental principle of the European electoral heritage. A person can only be excluded from exercising his/her right to vote or from standing for election on the basis of an individual decision given by an independent and impartial tribunal, under national legislation, based on objective and reasonable arguments and never solely on the basis of a situation of disability.” MDAC comment: this proposal fails to comply with international law as it allows a judge to strip the right to vote of a person with disability.

1 June 2011

A fresh suggestion is made by the Maltese member of the Venice Commission (in document CDL(2011)041), with a revised paragraph 2: “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.” MDAC comment: this proposal fails to comply with international law as it allows a judge to strip the right to vote of a person with disability. It does not matter whether the word “disabled” is included or not, as this is in a document entitled Interpretative Declaration to the Code of Good Practice in Electoral Matters on the Participation of People with Disabilities in Elections” so it is obvious that it concerns only people with disabilities, and any restrictions would amount to disability-based discrimination.

15 June 2011

The European Disability Forum and the Mental Disability Advocacy Center hold a public discussion on the right to vote, in Venice, Italy. Prior to the event MDAC asked the president of the Venice Commission to invite all Venice Commission members. This did not happen. MDAC invited those members it was in contact with, and one member – the Slovenian member – kindly attended in his personal capacity. Other attendees included representatives from the International Disability Forum, Inclusion Europe, the British Royal College of Psychiatrists, the Centre for Human Rights at the University of Padua an the Italian Mental Health Association.

18 June 2011

The Venice Commission holds its debate on the right to vote of people with disabilities. A statement by international NGOs is handed out to each member. The Italian, Slovenian, Italian and Hungarian members of the Venice Commission draft a “compromise solution” at 9am, 18 June 2011 which states that paragraph 2 of the Interpretive Declaration should be replaced by: “Universal suffrage is a fundamental principle of the European Electoral Heritage. People with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. States should ensure that persons with disabilities can effectively and fully participate in public and political life on an equal basis with other citizens.” Oliver Lewis, MDAC Executive Director, gives a speech to the plenary session of the Venice Commission, urging members to support the compromise text. A debate follows, with several Venice Commission members saying that they should support the compromise text, but several saying they should not support it, one saying that people who lack “voting competence” should not be allowed to vote. The chairman of the session decides not to put this to a vote, and it is decided to postpone the decision to the next session, 14-15 October 2011.