THE RIGHT TO VOTE OF PERSONS WITH DISABILITIES DECLARED INCAPACITATED ACKNOWLEDGED BY COUNCIL FOR THE PREVENTION AND ELIMINATION OF DISCRIMINATION AND ASSURANCE OF EQUALITY

The Council for the Prevention and Elimination of Discrimination and Assurance of Equality (CPEDAE) has ruled in a case started by the Moldovan Institute for Human Rights (IDOM) to find Article 13 para.(1) letter (b) of the Election Code: ”The persons incapacitated by a final court judgment […] are not entitled to elect,” as representing direct discrimination against the right to vote of persons declared incapable on grounds of disability.

On 28 Nov 2017, IDOM considered that a differentiated treatment had been applied to the petitioners on a disability criterion, although art.29 of the UN Convention on the Rights of Persons with Disabilities clearly establishes that persons with disabilities have the right to vote equally to everyone. At the same time, another group of persons with psychosocial impairments was treated in a discriminatory manner by association with persons declared incapacitated.

To recall that IDOM monitored the exercise of the right to vote by persons with mental disabilities during the 2016 presidential elections. Hence, IDOM found that the voting process unfolded with irregularities, since during the elections, the barriers faced by the persons with disabilities of the six residential institutions and three hospitals had not been removed.

In the two cases litigated by IDOM, CPEDAE found that the acts represented direct discrimination against the voting rights of persons declared incapacitated on a disability criterion as well as discrimination against the persons with psychosocial disabilities by association with persons declared incapacitated. At the same time, CPEDAE recommends amending Article 13 of the Election Code to secure the access of persons with mental and intellectual disabilities to the voting process, as its current version provides for a discriminatory treatment, which is in contradiction to the international provisions in human rights matters.

Please find attached the CPEDAE decision (in Romanian).

DECIZIE CONSILIU DEPERSONALIZATA

 

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