A/HRC/31/62 B. Right to vote and to be elected 19. Persons with disabilities must enjoy the right to vote and to be elected on an equal basis with others. No one should be restricted, either in law or in practice, in the enjoyment of political rights on the grounds of disability. States must guarantee the right of persons with disabilities to vote and to be elected, including by ensuring that the electoral process, the voting facilities and materials are adequate, accessible and easy to understand and use, and by facilitating the use of assistive and new technologies. States should also guarantee that voting by secret ballot can be carried out without intimidation, including through the assistance, at their request, of a person of their choice. 20. Worldwide, persons with disabilities face multiple forms of discrimination that prevent them from exercising their rights to vote and/or stand for election. Inaccessible voting processes hinder the participation of persons with disabilities in elections. The denial or restriction of legal capacity often triggers a denial of political rights to certain persons with disabilities, especially of the right to vote.13 Similarly, being placed in a psychiatric or social institution often prevents persons with disabilities from exercising their right to vote. C. Right to access public service 21. States must set objective and reasonable criteria for accessing public service positions, which do not directly or indirectly discriminate against persons with disabilities.14 In line with the Convention on the Rights of Persons with Disabilities, States must take all necessary measures, including the provision of reasonable accommodation and support, to guarantee to persons with disabilities the right and the opportunity to hold office effectively and perform any public function at any level of government on an equal basis with others. States must also ensure that persons with disabilities are not excluded from public service positions because of inaccessible recruiting procedures, public buildings or services. Furthermore, States must take the specific measures necessary to accelerate or achieve de facto equality of persons with disabilities in accessing public service positions (art. 5), and enact policies and measures to ensure the employment of persons with disabilities in the public sector. D. Right to participate in the conduct of public affairs 22. Persons with disabilities have the right to participate in the conduct of public affairs. This is a broad concept that includes all aspects of public administration and policymaking, and relates to the exercise of political power, including legislative, executive and administrative powers. It also covers participation in public debates and dialogues, as well as in peaceful demonstrations and meetings.15 23. Persons with disabilities may participate in the conduct of public affairs either directly or indirectly. Direct participation entails deciding on public issues through a referendum or other electoral process, as well as taking part in popular assemblies and in other consultative spaces established by the State to engage with its citizens.16 Indirect 13 14 15 16 Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014) on equal recognition before the law, para. 48. Human Rights Committee, general comment No. 25 (1996) on participation in public affairs and the right to vote, para. 23. Ibid., paras. 8 and 25. Ibid., para. 6. 7

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