A/HRC/19/36
I. Introduction
1.
In its resolution 16/15, the Human Rights Council requested the Office of the United
Nations High Commissioner for Human Rights (OHCHR) to prepare a study on the
participation of persons with disabilities in political and public life, in consultation with
relevant stakeholders, including States, regional organizations, including regional
integration organizations, United Nations agencies, the Special Rapporteur on disability of
the Commission for Social Development of the Economic and Social Council, civil society
organizations, including organizations of persons with disabilities, and national human
rights institutions. The Council also requested that the study be made available on the
OHCHR website, in an accessible format, prior to the nineteenth session of the Council.
2.
OHCHR sent a note verbale to Member States and letters to intergovernmental
organizations, non-governmental organizations, national human rights institutions, the
Inter-Parliamentary Union and the Special Rapporteur on disability of the Commission for
Social Development requesting responses to a set of questions related to the thematic study.
The questionnaire was also sent to United Nations human rights field presences. The annex
to the present document contains a full list of respondents. All submissions are available on
the OHCHR website.1
II. Political rights: normative content
3.
Article 25 of the International Covenant on Civil and Political Rights recognizes and
protects the right of every citizen to take part in the conduct of public affairs, the right to
vote and to be elected and the right to have access to public service. The list of political
rights contained in this provision is based on article 21 of the Universal Declaration of
Human Rights.
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Political rights have also been set down in a number of other international human
rights conventions, including the International Convention on the Elimination of All Forms
of Racial Discrimination (art. 5 (c)), the Convention on the Elimination of All Forms of
Discrimination against Women (arts. 7 and 8) and the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families (art. 41).
At the regional level, political rights have been included, inter alia, in the first Protocol to
the European Convention for the Protection of Human Rights and Fundamental Freedoms
(art. 3), the American Convention on Human Rights (art. 23) and the African Charter on
Human and Peoples’ Rights (art. 13).
5.
In paragraph 1 of 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, the Human
Rights Committee emphasized that article 25 “lies at the core of democratic government
based on the consent of the people”. In contrast with other human rights and fundamental
freedoms, which are ensured to all individuals within the territory and subject to the
jurisdiction of the State, most international and regional human rights treaties only
recognize political rights for “citizens”.
6.
Although only the rights set out in article 25 constitute political rights sensu stricto,
a number of other rights are of fundamental importance for the democratic decision-making
process. Broadly speaking, political freedoms – such as freedom of opinion, expression,
information, media, assembly and association – may also be understood as political rights.
1
See www.ohchr.org/EN/Issues/Disability/Pages/StudyPoliticalAndPublicLife.aspx.
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