A/HRC/19/36 Disabilities, the recommendation calls for European governments to “ensure that their legislation overall does not discriminate against persons with disabilities in political and public life”. It also affirms that “all persons with disabilities, whether they have physical, sensory, or intellectual impairments, mental health problems or chronic illnesses, have the right to vote on the same basis as other citizens, and should not be deprived of this right by any law limiting their legal capacity, by any judicial or other decision or by any other measure based on their disability, cognitive functioning or perceived capacity”. 35. The Committee on the Rights of Persons with Disabilities has dealt with the issue of disenfranchisement of persons with psychosocial or intellectual disabilities in its concluding observations on the initial reports of Tunisia (CRPD/C/TUN/1) and Spain (CRPD/C/ESP/1). With regard to Tunisia, the Committee recommended “the urgent adoption of legislative measures to ensure that persons with disabilities, including persons who are currently under guardianship or trusteeship, can exercise their right to vote and participate in public life, on an equal basis with others” (CRPD/C/TUN/CO/1, para. 35). In other words, it called for the reinstatement of the right to vote for persons who are currently deprived of their right to vote. 36. In its concluding observations on Spain, the Committee made the link between deprivation of legal capacity and the right to vote more explicit. It expressed concerns that the right to vote of persons with intellectual or psychosocial disabilities can be restricted if the person concerned has been deprived of his or her legal capacity, or has been placed in an institution. The Committee further noted that this deprivation appeared to be “the rule and not the exception”, as evidenced by the number of persons with disabilities who have been denied their right to vote in the State party, and regretted “the lack of information on standards of evidence or grounds, and criteria used by judges when depriving persons of their right to vote” (CRPD/C/ESP/CO/1, para. 47). 37. The Committee recommended “that all relevant legislation be reviewed to ensure that all persons with disabilities, regardless of their impairment, legal status or place of residence, have the right to vote and participate in public life on an equal basis with others”. It also requested Spain to amend the law which currently allows the denial of the right to vote based on individualized decisions taken by a judge, so as to ensure that all persons with disabilities have the right to vote (ibid., para. 48). 38. The responses to the questionnaire show that in many countries, the right to political participation continues to be linked to the legal capacity of the individual. Some States have an automatic or quasi-automatic exclusion provision in their legal systems. They deny the right to political participation to all persons under a protective measure, such as a partial and plenary guardianship, regardless of their actual and/or individual level of functional ability or whether they have an intellectual disability or a mental health problem. In other countries, the capacity of persons with psychosocial or intellectual disabilities to vote is subject to an individual assessment carried out by a medical practitioner or by a judge of the individual’s actual ability to vote. 39. Only a small number of countries have lifted all restrictions on the political participation of persons with psychosocial or intellectual disabilities. Austria, for example, has lifted all restrictions on the right of persons with disabilities to vote and be elected, and persons with psychosocial and intellectual disabilities are allowed to exercise their political rights on an equal basis with others.7 Canada has also eliminated legal restrictions at the 7 According to article 26, paragraph 5 of the Austrian Constitution, a person can only be deprived of his or her right to vote and to be elected in the case of a criminal conviction. 9