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Martha Stickings

Right to vote of persons with mental health problems and persons with intellectual disabilities in the EU. Martha Stickings Conference on participation in public and political life for people with disabilities Dublin, 24 May 2013. Outline. What does the law say?

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Martha Stickings

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  1. Right to vote of persons with mental health problems and persons with intellectual disabilities in the EU Martha Stickings Conference on participation in public and political life for people with disabilities Dublin, 24 May 2013

  2. Outline • What does the law say? • What is the situation in the EU Member States? • What needs to be done? • What is FRA doing?

  3. 1. International standards: CRPD Article 29 - Participation in political and public life States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake to: (a) Ensure that persons with disabilities can effectively and fully participate in political and public life […]: (iii) Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;

  4. CRPD Committee • CRPD Committee has issued a clear interpretation of Article 29 “[…] all relevant legislation be reviewed to ensure that all persons with disabilities, regardless of their impairment, legal status or place of residence, have the right to vote and participate in public life on an equal basis with others.” (CRPD Committee concluding observations on Spain and Hungary)

  5. Council of Europe standards Recommendation CM/Rec(2011)14 on the participation of persons with disabilities in political and public life Member states should ensure that discrimination based on disability is prohibited in all fields of political and public life, namely wherever it is a question of voting, standing for election, exercising a mandate and/or being active in political parties or non-governmental organisations, or exercising public duties. These discriminatory acts include the failure to comply with the obligation to implement reasonable accommodations for persons with disabilities so that they can fully enjoy their political rights.

  6. 2. EU Member States: participation spectrum • Exclusion: denial of the right to vote to all people under partial and plenary guardianship • Limited participation: right to vote depends on the degree of limitation of legal capacity or an evaluation of capacity on a case-by-case basis • Participation: Persons with disabilities are allowed to vote and to be elected like all other citizens

  7. Exclusion • Belgium • Bulgaria • Czech Republic • Denmark • Estonia • Germany • Greece • Hungary • Ireland • Latvia • Lithuania • Luxembourg • Malta • Poland • Portugal • Slovakia • Romania

  8. Limited participation • Czech Republic • Cyprus • Estonia • Finland • France • Hungary • Malta • Slovakia • Slovenia • Spain

  9. Full participation • Austria • Cyprus • Finland • France • Ireland • Italy • Netherlands • Spain • Sweden • United Kingdom

  10. 3. What needs to be done: legal reforms • Amend the legal framework • At the constitutional level (Netherlands) • At the legislation level (Slovenia) • Adapt the regulatory framework • Assistance on election day (Denmark) • Remote advance vote (Finland)

  11. Personal accounts • Right to stand for elections “We need more people with learning disabilities in Parliament to change the laws. […] So more people with learning difficulties as MPs and MEPs.” (Man, 53, United Kingdom) • Absence of people with disabilities in parliament “That there’s a place in politics for disabled people, that people have a chance to get involved in politics.[…] I think a quota would be good […] because they’d be more in the public eye.” (Woman, 49, Germany)

  12. Need to build capacity and presence of advocacy organisations “One possible way to tackle people being treated as children is self‑help groups as these communities can significantly improve the motivation of the persons concerned to make decisions on their own and govern their own lives.” (Stakeholder, Hungary) “We will show society that we are capable, too. We can do more than people believe!” (Woman, 53, Sweden)

  13. Budget cuts jeopardise progress made in the direction of participation and inclusion “A lot of them are going under. And that’s the problem, we desperately need all different types of advocacy and it needs to be really funded. If it’s not funded by grants and government and local authority then we need to make sure that it’s self‑sufficient.” (Man, 45, United Kingdom)

  14. 4. What is FRA doing: indicators • Aims to refine and populate indicators in the area of political participation by persons with disabilities • Desk research in the 27 EU Member States and Croatia • Secondary analysis of existing comparative data • Report will be available ahead of the European Parliament elections in early 2014

  15. Thank you for your attention disability@fra.europa.eu

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