1. The Participation Spectrum Right to vote of Persons with Intellectual Disabilities and Persons with Mental Health Problems in the European Union Mario Oetheimer Freedoms and Justice Department Vienna, 4 November 2010

2. 2 Outline I.What does the law say? II.What have we found? III.What needs to be done?

3. 3 What does the law say?

4. 4 International & European Standards Article 29 of the United Nations Convention on the Rights of Persons with Disabilities Article 3 of Protocol No. 1 to the European Convention on Human Rights (ECHR) and its relevant case law

5. 5 UN CRPD Article 29 of the United Nations Convention on the Rights of Persons with Disabilities 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;

6. What have we found?

7. 7 The Participation Spectrum A.EXCLUSION: Denial to all people under partial and plenary guardianship, regardless of their actual, individual level of functional ability B.LIMITED PARTICIPATION: Exclusion hinges on the degree of limitation of legal capacity or evaluation on case by case C.PARTICIPATION: Persons with disabilities are allowed to vote and to be elected like all other citizens, legal capacity notwithstanding ExclusionParticipation Limited Participation

8. 8 What needs to be done?

9. 9 Legal Reforms Amend the legal framework – At the constitutional level (the Netherlands) – At the legislation level (Slovenia)

10. 10 Legal Reforms Adapt the regulatory framework – Assistance on election day (Denmark) – Remote advance vote (Finland)

11. 11 To summarise Legal guarantees that need to be implemented A participation spectrum Legal reforms

12. 12 For more information Email: mario.oetheimer@fra.europa.eu www.fra.europa.eu /