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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.

The CRPD obliges States Parties to adopt measures to ‘raise awareness … regarding persons with disabilities, and to foster respect for the rights and dignity of persons with disabilities’ (Article 8). They should provide training for relevant stakeholders on accessibility issues (Article 9(2)(c)), and consult and actively involve DPOs in making policy, legislation and other decisions concerning persons with disabilities (Article 4(3)).

Two important tools to raise awareness about the participation of people with disabilities in political life are national disability strategies and training for election authorities. Furthermore, involving and consulting DPOs are a must to bring disability considerations into the electoral process. The following sections analyse these three issues.

The number of national disability strategies and action plans (22) has nearly doubled since 2014 (12). The number of national disability strategies specifically addressing political participation also increased substantially, from 8 to 17. Czechia (Government Board for Persons with Disabilities, National plan for the promotion of equal opportunities for persons with disabilities 2021–2025 (2020), pp. 72–75), Italy (see below), the Netherlands (Central Government, ‘Actieplan Toegankelijk Stemmen: Voor meer toegankelijke gemeenteraadsverkiezingen in 2022 (2021)) and Poland (Council of Ministers, Uchwała nr 27 w sprawie przyjęcia dokumentu Strategia na rzecz Osób z Niepełnosprawnościami 2021–2030 (2021)) envisage specific actions to ensure the accessibility of elections.

In Italy, the government’s White Book on strategies and measures to foster political participation recognises the need to introduce, for example, the online publication of a list of accessible polling stations, a Digital Election Pass, free public transport to the polling station and home voting (Dipartimento per le riforme istituzionali, Per la partecipazione dei cittadini. Come ridurre l’astensionismo e agevolare il voto (2022), p. 220).

Figure 10 – Numbers of Member States in 2014 and 2024 having national disability strategies that include political participation

Alternative text: A comparative chart showing the numbers of Member States in 2014 and 2024 whose national disability strategies included political participation. National strategies specifically addressed political participation in 8 states in 2014 and in 17 states in 2024. They addressed political participation indirectly in 4 states in 2014 and in 5 states in 2024. They did not address political participation or no information was available in 5 states in 2014 and in 5 states in 2024.

Source: FRA, 2024.

The disability strategies of Czechia (Government Board for Persons with Disabilities, National plan for the promotion of equal opportunities for persons with disabilities 2021–2025 (2020), pp. 72–75) and Malta (Ministry for Inclusion and Social Wellbeing, Malta’s 2021–2030 national strategy on the rights of disabled persons, pp. 84–87) specifically addressed awareness-raising activities.

Disability strategies were specifically adopted for or at the municipal level in two Member States. In the Netherlands, an action plan encourages municipalities to use the accessibility checklist and to simulate an election day with experienced experts (Central Government, ‘Actieplan Toegankelijk Stemmen: Voor meer toegankelijke gemeenteraadsverkiezingen in 2022 (2021)). In Croatia, the City of Zagreb’s recent disability strategy includes measures to monitor and ensure the accessibility of polling stations, including educating the election staff on inclusive electoral processes (‘Zagrebačka strategija izjednačavanja mogućnosti za osobe s invaliditetom u razdoblju od 2022. do 2025. (2022)).

Promising practice – Awareness-raising and simulation workshops

During the French presidential elections in April 2022, associations and municipalities organised awareness-raising and simulation workshops to familiarise new voters with the voting process, especially people with disabilities under guardianship. For example, in Cholet Municipality, first-time voters were able to explore the council chamber and meet the two municipal deputies responsible for citizenship and disability. They also took part in a voting simulation and a training session to explain each candidate’s programme in simple terms. At the same time, educational tools developed by associations to inform voters with disabilities were widely distributed to local councils and social and medico-social establishments.

 

Promising practice – Making campaigns accessible to people with disabilities

The EDF produced two checklists to help parties, campaigners and authorities ensure that election campaign materials are accessible to people with disabilities. The checklists are divided into sections corresponding to different formats and means of communication. In this way, users can easily ensure that everyone can access and understand their materials.

The CRPD Committee emphasised the need to train election officials, party officials and civil society organisations and to provide the relevant materials in accessible formats such as easy-read, plain German and Braille, in Austria (Concluding observations on the combined second and third periodic reports of Austria (2023), paragraph 66). It also recommended training responsible officials at the regional and national levels, including members of the National Assembly and the government, in Slovenia (Concluding observations on the initial report of Slovenia (2018), paragraph 5). To Czechia, it recommended training for the civil servants and experts in charge of monitoring the accessibility of the built environment in general (Concluding observations on the initial report of the Czech Republic (2015), paragraph 17).

The law requires training for election authorities and officials on non-discrimination on the grounds of disability, on accessibility and on accommodation only in Belgium, the Netherlands and Sweden. This is a slight improvement on 2014, when only one Member State made such training mandatory.

Fewer Member States (10) than in 2014 (14) organise some relevant disability training or provide guidance although national law does not require it (Croatia, Denmark, Estonia, Finland, France, Greece, Hungary, Lithuania, Luxembourg and Slovenia). Guidance on accessibility is issued in Finland, France and Lithuania, for example. Specific training on communication with people with disabilities is provided in Estonia, and on accessibility in Hungary. No information was found about whether DPOs are involved in such training.

In Spain, although all people with disabilities can now vote under national law, administrations, political groups and others involved in the electoral process continue to lack awareness (Franet interview with Plena Inclusión’s members on 24 January 2024).

Under Article 4(3) of the CRPD, States Parties must closely consult and actively involve DPOs in policy, legislative and decision-making. The CRPD Committee has stressed that States Parties should recognise the right of DPOs to participation and involvement at all levels. They should adopt a legislative and policy framework providing for mandatory public hearings with clear time frames, and for the accessibility of consultations. It should also include an obligation to provide reasonable accommodation and support (CRPD Committee, General comment No 7 (2018) on the participation of persons with disabilities, including children with disabilities, through their representative organizations, in the implementation and monitoring of the Convention, paragraph 94).

Consultation is primarily carried out during the lawmaking process in Croatia, Denmark, Finland, France, Greece, Latvia, Malta, the Netherlands, Romania and Slovenia. More Member States (17) than in 2014 (13) have mechanisms in place to ensure consultation with and involvement of DPOs in the development of laws and policies that affect people with disabilities. In some countries, these mechanisms are established by law. In other, there are systematic procedures in place. Ireland and the Netherlands have neither a mechanism established by law nor systematic procedures. In 2014, this was true of the Netherlands and Romania.

Figure 11 – Numbers of Member States in 2014 and 2024 having mechanisms in place to ensure consultation with and involvement of DPOs in the development of laws and policies affecting them

Alternative text: A comparative chart showing the numbers of Member States in 2014 and 2024 having mechanisms in place to ensure consultation with and involvement of DPOs in the development of laws and policies affecting people with disabilities. Mechanisms existed in 13 states in 2014 and in 17 states in 2024. Mechanisms were not established but systematic procedures were in place in 10 states in 2014 and in 8 states in 2024. No mechanisms were in place in 4 states in 2014 and in 2 states in 2024.

Source: FRA, 2024.

The Electoral Code of Poland specifically requires consulting NGOs on elections (Kodeks wyborczy (2011), Article 160(3)). In Hungary, after the national authorities cooperated with and consulted DPOs, the national authorities used Braille templates and easy-read information more often (National Association of Hungarian Blind and Visually Impaired Persons, letter to Franet, 6 November 2023).

Promising practice – Easy-read brochures for elections

Info-Handicap, in cooperation with Klaro, published a brochure explaining the accessibility of Luxembourgish polling stations in 2023. The government of Luxembourg, in cooperation with the European Parliament, produced an easy-read brochure explaining the EU’s decision-making process, the elections to the European Parliament and the post-election process.

NHRIs and DPOs reported a lack of meaningful consultation with DPOs in matters affecting people with disabilities in France. People with disabilities play little part in the preparation of laws and public policies that affect them, especially in municipal and intermunicipal committees responsible for accessibility issues (CNCDH, reply to FRA’s questionnaire of 10 November 2023). Although there may be opportunities to provide input, this often occurs without meaningful feedback, without access to documentation or when decisions have already practically been made, the Swedish Disability Rights Federation reports (Funktionsrätt, Respekt för rättigheter?).