The right to political participation of persons with disabilities: human rights indicators
Observing the participation of persons with disabilities in elections One of the activities of the Office for Democratisation and Human Rights (ODHIR) of the Organization for Security and Co-operation in Europe (OSCE) is to observe elections. As well as looking at the legal provisions enabling persons with disabilities to participate in elections, ODHIR election observation missions also assess the accessibility of information materials, candidate lists, ballot papers and polling stations.157 ODHIR has increasingly referred to the CRPD in its election observation reports, in addition to the OSCE Copenhagen Document158 and Council of Europe standards such as the Code of Good Practice in Electoral Matters of the Venice Commission159 and the implications of the ECtHR judgment in Alajos Kiss v. Hungary.160 A 2013 ODHIR report on electoral legislation in OSCE participating States, for example, acknowledges an “emerging trend to discontinue restrictions on voting rights for persons with mental disabilities”.161 Observing local elections is also one of the priorities of the Council of Europe’s Congress of Local and Regional Authorities, which has observed around 100 municipal, regional, local and mayoral elections in the Council of Europe’s 47 member states since 1990.162 The observation reports have considered in particular the accessibility of polling stations for persons with disabilities, alternative means of voting and voting assistance.163
4.1 Representation in elected bodies many Member States information concerning disability 4.1 Representation Being able to stand for and be electedin to national parliaments isfalls an integral aspect of theofright to political under the umbrella health data, andparticipation, is therefore as specifically highlighted in Article 29 of the CRPD. Looking at the number of parliamentarians whoFRA, are identified as elected bodies confidential. When contacted by the parliaments
having a disability can give an indication of the profile of persons with disabilities in public as could well asnot therelease existin several Member States saidlife, they ence ofable barriers to reaching public office. Being to stand for and be elected to national parthis information even on an anonymous basis. liaments is an integral aspect of the right to political participation, specifically highlighted in Article 29 of Instead, the following analysis gives an overview of Are peopleaswith disabilities elected to national parliament? the CRPD. Looking at the number of parliamentarians those EU Member States in which data indicate that Members of parliament are elected to represent theaninterestscurrent of the population, including persons disabilities. who are identified as having a disability can give national parliaments includewith members who As such, the make-up of parliaments may be expected to be broadly representative of the population. This indication of the profile of persons with disabilities in identify as having a disability. This does notindicator give an set outlife, to measure ofbarriers current to members parliaments identify as having a disability. public as well asthe theproportion existence of reach- of national exhaustive picture who of the situation in Member States. No personal data were requested: parliaments were not asked to provide the names or any other details of parliaing public office. Some parliamentarians, whom others would identify as mentarians with a disability. having a disability, may not see themselves as disabled, for example. In other cases, members of parliament Are people with disabilities elected to The analysis found, however, that no reliable and comparable data exist on the number of parliamentarians with may have ‘hidden’ disabilities or have not requested national parliament? disabilities in the EU Member States. This is partly because parliamentarians with disabilities, like everyone else, accommodations linked to a disability, and therefore have a right to privacy and therefore are not under an obligation to reveal a disability. Moreover, in many Member do not appear in official data. Members of parliament are elected to represent the States information concerning disability falls under the umbrella of health data, and is therefore confidential. When interests of the population, including persons with discontacted by the FRA, parliaments in several Member StatesInsaid they could not release even on seven Member States, datathis frominformation official government abilities. As such, the make-up of parliaments may be an anonymous basis. sources reveal the existence of one or more members of expected to be broadly representative of the populaparliament who publically identify as having a disability. tion. Thisthe indicator set out to measure of those EU Instead, following analysis gives the an proportion overview of Member States in which data indicate that current Of these, Croatia was the Member State with the most current members of national who identify national parliaments include parliaments members who identify as having a disability. This does not give an exhaustive picture reported members of parliament with a disability (7) as having a disability. No personal were requested: of the situation in Member States.data Some parliamentarians, whom others would identify as having a disability, may by Poland and the United Kingdom (3 each). parliaments were not to provide the names or cases, followed not see themselves as asked disabled, for example. In other members of parliament may have ‘hidden’ disabilities In addition, the Greek national parliament has received anyhave other details of parliamentarians with a disability. or not requested accommodations linked to a disability, and therefore do not appear in official data. two requests from parliamentarians for accommodation measures disabilityofsince 1996, while informaThe analysis found,States, however, no official reliablegovernment and com- sources In seven Member datathat from revealdue the to existence one or more members of tion from the Portuguese parliament indicates thatmost one parable data exist on the number of parliamentarians parliament who publically identify as having a disability. Of these, Croatia was the Member State with the claimed reduced tax (3 due to disability. with disabilities in the EU Memberwith States. This is partly reported members of parliament a disability (7) followedmember by Poland and the Unitedincome Kingdom each). In addiConversely, in Cyprus and Luxembourg official data because parliamentarians with disabilities, like everytion, the Greek national parliament has received two requests from parliamentarians for accommodation measures indicates that no members of the current national parone else, have a right to privacy and therefore are not due to disability since 1996, while information from the Portuguese parliament indicates that one member claimed liaments identify as having a disability. under an obligation to reveal a disability. Moreover, in reduced income tax due to disability. Conversely, in Cyprus and Luxembourg official data indicates that no members 157 All election observation mission reports are available at: www.osce.org/odihr/elections. 158 OSCE (1990). 159 Council of Europe, Venice Commission (2002). 160 For instance, in OSCE, ODIHR (2012); (2011a) and (2011b). 161 OSCE, ODIHR (2013). 162 Council of Europe, Congress of Local and Regional Authorities (2013). 163 See, for example, Council of Europe, Congress of Local and Regional Authorities (2012).
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