A/HRC/30/26
countries. They are either actively or intentionally restricted from participation or there is a
lack of political will to dismantle structural barriers to their full participation.37
29.
Institutional discrimination can lead to multiple disfranchisements. For example, in
many countries there is evidence of overrepresentation of minorities in the criminal justice
system. Coupled with restrictions on the right of prisoners to vote, this has a
disproportionate impact on the realization of the right of minority groups to participate in
political and public affairs.38 In many cases, minorities also face systemic discrimination in
access to civil registration and identity documentation, which further impedes the
realization of their right to participate.
Persons with disabilities
30.
Some persons with disabilities are unable to participate fully in political and public
affairs owing to their legal status, lack of access to information and prejudicial attitudes. In
its general comment No. 1 (2014) on equal recognition before the law (art. 12), the
Committee on the Rights of Persons with Disabilities, noted that restrictions to legal
capacity have been used to exclude persons with disabilities from political participation,
especially the right to vote. Some States have an automatic or quasi-automatic exclusion
provision in their legislation, denying the right to political participation for all people under
a protective measure, regardless of their actual level of functional ability.39
31.
Furthermore, even when there are no legal obstacles to participation of persons with
disabilities, such participation is often hampered by an inhospitable environment and
practical restrictions, such as inaccessible polling stations, lack of information, campaign
material in accessible formats and a general high level of prejudice.40
Other vulnerable groups
32.
Non-citizens, including migrants, refugees and stateless persons seldom have a voice
in the public and political affairs of their country of residence. The Special Rapporteur on
the human rights of migrants noted that groups of migrant origin were frequently
underrepresented in the political process even when most of their members were nationals,
and that effective citizenship depends on structural opportunities for participation and
widespread disposition to use them.41
33.
Discriminatory requirements or overly restrictive conditions for obtaining
citizenship often impede effective participation. In many States, citizenship is unduly
denied to minorities, long-term residents, foreign family members of citizens, stateless
persons and other groups. Non-citizens, migrants, and refugees are also frequently denied
participation in the public and political affairs of their countries of origin, which creates a
double disfranchisement.42
34.
Homeless persons and internally displaced persons live on the margins of society
and often face discrimination and lack of access to information. In addition, administrative
37
38
39
40
41
42
See A/HRC/13/25, para. 6; and the Durban Declaration and Programme of Action, adopted at the
Durban Review Conference, held in Geneva from 20 to 24 April 2009.
See CCPR/C/USA/CO/3/Rev.1, para. 35.
A/HRC/19/36, para. 38.
See contribution from the International Disability Alliance.
See A/HRC/17/33, para. 65.
Ibid., paras. 65–69.
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