A/HRC/19/36
number of States have provided information on programmes and projects that at least
indirectly aim at promoting political rights of persons with disabilities. The Canadian
International Development Agency, for instance, sponsors a number of projects that aim at
reducing the impact of poverty on the most marginalized groups, including persons with
disabilities.
67.
In 2011, the Human Rights Section of the United Nations Integrated Peacebuilding
Office in Sierra Leone (UNIPSIL) prepared a public report on the rights of persons with
disabilities, which focused, inter alia, on the political participation of persons with
disabilities. In view of the forthcoming 2012 general elections, the report identifies the
obstacles for participation of persons with disabilities in elections and recommends the
adoption of a number of measures to overcome these obstacles. In 2012, the Human Rights
Section of UNIPSIL will organize a series of workshops on the participation of persons
with disabilities in elections. It will also organize media campaigns on the rights of persons
with disabilities, which will also touch upon their participation in political and public life.
VI. Conclusions and recommendations
68.
The Convention on the Rights of Persons with Disabilities heralds a new era for
the political participation of persons with disabilities. Article 29 requires States
parties to guarantee to persons with disabilities political rights and the opportunity to
enjoy them on an equal basis with others. This provision does not foresee any
reasonable restriction, nor does it allow any exception. Article 12, which recognizes
that persons with disabilities enjoy legal capacity on an equal basis with others in all
aspects of life, also does not provide for any exception to the principle, and only
requires States parties to take appropriate measures “to provide access by persons
with disabilities to the support they may require in exercising their legal capacity”.
69.
It can be concluded that in accordance with the Convention, exclusion or
restriction of political rights of persons with disabilities on the basis of disability may
constitute “discrimination on the basis of disability” within the meaning of article 2 of
the Convention and is contrary to the Convention.
70.
In the majority of countries that responded to the OHCHR questionnaire,
persons with psychosocial and intellectual disabilities continue to be deprived of their
right to vote and be elected on the basis of constitutional or legal provisions that link
their political rights to legal capacity. Such restrictions may be inconsistent with the
obligations that States parties have undertaken under articles 2, 12 and 29 of the
Convention, and should be eliminated as a matter of priority from national legislation
and practices, in accordance with article 4, paragraph 1 (a) and (b), of the
Convention. In order to ensure that persons with psychosocial or intellectual
disabilities exercise their right to vote and be elected on an equal basis with others,
States parties should adopt all appropriate measures, in line with article 12,
paragraph 3 and 29 (a) (iii), to provide persons with disabilities with the support they
may require, including the assistance of a person of their own choice, in exercising
their political rights.
71.
Article 25 of the International Covenant on Civil and Political Rights should be
interpreted and applied taking into account the developments in the areas of human
rights of persons with disabilities. In the light of these developments, the Human
Rights Committee should consider reviewing its general comment No. 25 (1996) on the
right to participate in public affairs, voting rights and the right of equal access to
public service, so as to reflect the progressive evolution of international human rights
law in this field.
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents