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. 17

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