Home > 1.2 Equal suffrage > HUNGARY - Joint Opinion on the 2020 Amendments to the Electoral Legislation
 
 
 
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Paragraph 43
 

Section 5 of the Act amends Section 13/A of Act XXXVI of 2013 on Electoral Procedure as regards exclusion from suffrage rights. The new version does not provide any more for such exclusion in case of “pathological addiction”. This has to be welcomed. However, the provision continues to exclude from suffrage rights those persons with reduced capacity due to mental disorder as determined and ordered by court decision in the course of conservatorship proceedings, if their “capacity to exercise suffrage… a) is greatly reduced permanently or recurrently, or b) is permanently and completely lost”. This restriction is based on Article XXIII(6) of the Constitution (the Fundamental Law), according to which “[t]hose disenfranchised by a court… for limited mental capacity shall not have the right to vote and to stand as a candidate in elections”. These restrictions seem to be in line with the case-law of the European Court of Human Rights, based on Article 3 Protocol 1 to the European Convention on Human Rights. However, deprivation of the right to vote on the basis of any kind of mental disability is considered as contrary to Articles 12 and 29 of the UN Convention on the Rights of Persons with Disabilities(CRPD), according to which “State Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life” and ensure their “right and opportunity [...] to vote and be elected”. Therefore, the Venice Commission and ODIHR recommend again to consider revising the constitutional and legislative provisions on the exclusion of the right to vote and to be elected in case of limited mental capacity.