A/HRC/27/29
E.
Persons with disabilities and equal political participation
77.
Persons with disabilities have the right to fully participate, on a basis of equality, in
public and political affairs. Guarantees of participatory rights, while important in and of
themselves, are also crucial to redressing the exclusion, marginalization and disadvantages
that persons with disabilities continue to face in all areas of social, economic, cultural and
political life.49
78.
The Convention on the Rights of Persons with Disabilities establishes “[f]ull and
effective participation and inclusion in society” as one of the general principles (art. 3 (c))
that are used to guide the interpretation and implementation of all of the rights and
obligations contained in the Convention.
79.
Article 29 of the Convention on the Rights of Persons with Disabilities specifically
deals with the equal rights of persons with disabilities to participate in political and public
life. The article covers both the right and the opportunity of persons with disabilities to vote
and to be elected as well as the obligations of States parties to create an enabling
environment in which persons with disabilities can take part in all aspects of public and
political life, including through membership in organizations of persons with disabilities at
the local, regional, national and international levels.
80.
The Committee on the Rights of Persons with Disabilities, in its General Comment
No. 1, highlights discriminatory restrictions of legal capacity, which have effectively
excluded persons with disabilities from political participation, especially the right to vote.
This form of discrimination has been frequently observed in relation to people with
psychosocial or intellectual impairments (A/HRC/19/36, para. 70). The Committee notes
that a “person’s decision-making ability cannot be a justification for any exclusion of
persons with disabilities from exercising all of their political rights, including the right to
vote, the right to stand for election and the right to serve as a member of a jury”.50
81.
The Committee goes on to underline the positive obligations for States under article
29 of the Convention, and these are interpreted as including the creation and promotion of
accessible and non-discriminatory voting and electoral procedures, as well as providing
support for the choices of people with disabilities in voting by secret ballot. The Committee
further recommends that “States parties guarantee the right of persons with disabilities to
stand for elections, to hold office effectively and to perform all public functions at all levels
of government, with reasonable accommodation and support, where desired, in the exercise
of their legal capacity”.51
82.
Article 29 of the Convention also protects the rights of persons with disabilities to
participate in the civil society organizations that represent them. This right is
complementary to the provision in article 33 (3) that gives an active role to organizations of
persons with disabilities and broader civil society in monitoring the Convention at the
national level (A/HRC/13/29).
F.
Civil society organizations, human rights defenders
and equal political participation
83.
The Declaration on the Right and Responsibility of Individuals, Groups and Organs
of Society to Promote and Protect Universally Recognized Human Rights and Fundamental
49
50
51
Convention on the Rights of Persons with Disabilities, article 4 (3).
Committee on the Rights of Persons with Disabilities, General Comment No. 1, para. 48.
Ibid., para. 49.
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