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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents