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29
Mai
2024

Political participation of people with disabilities – new developments

Ahead of the EU elections, this report explores the political participation of people with disabilities. Although some Member States removed restrictions on the right to vote and to stand for elections, barriers still exist. This report is an update of new developments following FRA’s last report published in 2014. It sets out ways forward to ensure people with disabilities have equal opportunities, in line with the EU Charter of Fundamental Rights and the Convention on the Rights of Persons with Disabilities.

In previous reports, FRA found issues in the Member States related to explicit legal restrictions on participation, administrative or other barriers to participation, and accommodation with inadequate physical or other access. The findings of this report point to the need for Member States to continue their efforts to improve the political participation of people with disabilities, in particular as regards legal capacity and accessibility of and participation in the voting process, including by improving rights awareness in line with their commitment to implement the CRPD in full. They should ensure that people with disabilities are empowered and supported not only to vote, but also to stand for election. As in 2014, gaps remain in collecting data and statistics on people with disabilities in the context of elections.

The following ways forward point to priority actions that can help people with disabilities realise their right to vote and the right to stand for elections on an equal basis with others, in line with the EU Charter of Fundamental Rights and the CRPD.

  • The EU should promote supported decision-making for persons with disabilities, as enshrined by Article 12 of the CRPD. When reforming the EU Electoral Law, the EU should grant all Union citizens, including those deprived of legal capacity, the right to vote and the right to stand for election to the European Parliament.
  • Member States should follow up on the CRPD Committee’s general comment No 1 (2014) on equal recognition before the law, by granting all people the right to vote and the right to stand for local and European elections. In that regard, they should accord full legal capacity to all persons with all types of disability and improve access to supported decision-making in elections in line with the CRPD.

  • In line with the CRPD, Member States should ensure that European and local elections are designed and conducted in a manner that considers the different types of disabilities, such as those connected to hearing, visual or intellectual disabilities. They should adopt a wide range of accessibility measures for the built environment used for elections, and for public websites and applications used for communication on elections. Such measures should include, for example, providing accessible information about the elections, choosing accessible venues for political debates, installing audio equipment, and providing ballot papers in Braille and in easy-read format.
  • When procuring works, services and supplies for the purpose of elections, Member States should incorporate accessibility into the technical specifications. They should consult DPOs on accessibility at all stages of the procurement process.
  • Member States and the European Union should ensure that funding is available to ensure that the physical environment, transport, information and communications are accessible throughout the electoral process.

  • Member States should ensure that election authorities and election staff at local and European elections receive comprehensive training on disability discrimination, accessibility and reasonable accommodation.
  • DPOs should be consulted and involved in such training and in all aspects of the electoral process, in both the planning and execution phases. They should also be involved in monitoring the implementation of the relevant accessibility legislation.

  • Member States should consider removing administrative barriers to political participation, such as the requirement to register to vote, or the requirement for a disability certificate or a minimum number of people in a long-term institution for using alternative ways of voting.
  • Member States should ensure that people with disabilities receive support to be able to cast their own vote, or to do so with the assistance of a person of their choice, where appropriate.

  • Member States are reminded of their obligation under Article 31 of the CRPD to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the provisions of the CRPD. This also extends to Article 29 of the CRPD on political participation.
  • Member States are encouraged to develop a system and procedures for collecting data on people with disabilities, ideally disaggregated by type of disability, age, sex, sexual orientation, gender identity, race, ethnicity, religion or belief, income, migration status, level of education, employment situation and place of residence. In this regard, Member States should give due consideration to the guidelines on improving the collection and use of equality data endorsed by the EU High Level Group on Non-discrimination, Equality and Diversity. Member States are encouraged to use the mapping tool and compendium of practices that complement these guidelines. Special emphasis should be placed on the fact that women with disabilities may be subject to multiple and intersectional forms of discrimination based on gender and disability.