A/HRC/19/36
III. Participation in political and public life by persons with
disabilities
13.
Article 29 of the Convention on the Rights of Persons with Disabilities sets out the
rights of persons with disabilities in their participation in political and public life. It requires
that States parties to the Convention guarantee political rights to persons with disabilities
and adopt all appropriate measures to ensure that they enjoy these rights on an equal basis
with others.
14.
This provision encompasses a broad notion of participation in political and public
life. At one level, it refers to political participation in terms of the right to vote and be
elected (art. 29 (a)). This right is of crucial importance for ensuring equality of opportunity
for persons with disabilities and their full and effective participation and inclusion in
society. Through its exercise, persons with disabilities assert their individual autonomy,
which includes the freedom to make one’s own choices, and their right to be recognized as
persons before the law.
15.
Under article 29, persons with disabilities have not only the right, but also the
“opportunity” to vote and be elected. This sets up a duty on States parties to guarantee,
though the adoption of positive measures, that all eligible persons have the actual
opportunity to exercise their voting rights. Consequently, it is not enough to extend formal
voting rights to persons with disabilities; States are also required to ensure that persons with
disabilities are truly able to make use of their right to vote, for example by making polling
stations accessible to wheelchair users, facilitating the use of assistive voting devices to
enable persons with visual impairments to vote independently, or allowing persons with
disabilities to be assisted in voting by a person of their choice.
16.
As with all positive obligations to fulfil human rights, States have a margin of
appreciation in identifying the measures which should be adopted to ensure that persons
with disabilities have an actual opportunity to participate in the conduct of public affairs of
their country on an equal basis with others. Where this is not realized, mere passivity on the
part of the State would, however, constitute a violation of the right of persons with
disabilities to participate in political and public life on an equal basis with others.
17.
In broader terms, article 29 (b) requires States parties to the Convention to take
appropriate steps to promote an enabling environment in which persons with disabilities
can effectively and fully participate in the conduct of public affairs, without discrimination
and on an equal basis with others.
18.
As is the case for article 25 of the Covenant, article 29 does not explain what a full
and effective participation in “political and public life” or “in the conduct of public affairs”
would entail. However, the ordinary meaning of article 29 leaves no doubt that persons
with disabilities are entitled to participate in all aspects of political and public life of their
country. Participation in political and public life is not only an objective in itself, but also a
prerequisite for the effective enjoyment of other rights. Through involvement in law and
policy reform in the area of disability, persons with disabilities and their representative
organizations have the chance to make changes in society and to improve legislation and
policies in the areas of health, rehabilitation, education, employment, access to goods and
services, and any other aspect of life.
19.
In order to facilitate an effective participation of persons with disabilities in the
conduct of public affairs, article 29 (b) imposes a duty on States to adopt positive measures
to encourage the active involvement of persons with disabilities in non-governmental
organizations and associations concerned with public and political life, and in political
parties, as well as the forming and joining of organizations of persons with disabilities
(DPOs) at the local, regional, national and international levels.
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