The right to political participation for persons with disabilities PDF

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EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS EQUALITY HELPING TO MAKE FUNDAMENTAL RIGHTS A REALITY FOR EVERYONE IN THE EUROPEAN UNION The opportunity to be involved in political life, whether by standing for elected off ce, joining a political party, or following political news stories in the media, is at the heart of what it means to live in a democratic society. The report analyses data on the situation of political participation of persons with disabilities collected from across the 28 European Union (EU) Member States by the European Union Agency for Fundamental Rights (FRA) and the European Commission-funded Academic Network of European Disability Experts (ANED). The human rights indicators presented in the report show that legal and administrative barriers, inaccessible processes and information, and a lack of awareness about political rights can deny persons with disabilities the opportunity to participate in the political lives of their communities. The research also reveals the absence of reliable and comparable data about persons with disabilities’ experiences of taking part in elections in the EU. Addressing these challenges as soon as possible is essential for increasing the legitimacy of public institutions and creating more equitable and inclusive societies in which all members can participate fully. The right to political participation for persons with disabilities: human rights indicators FRA – EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS Schwarzenbergplatz 11 – 1040 Vienna – Austria ISBN 978-92-9239-463-9 Tel.: +43 158030-0 – Fax: +43 158030-699 fra.europa.eu – A great deal of information on the European Union Agency for Fundamental Rights is available on the Internet. This report addresses matters related to the principle of non-discrimination (Article 21), the integration of persons with It can be accessed through the FRA website at fra.europa.eu. disabilities (Article 26), the right to vote and to stand as a candidate at elections to the European Parliament (Article 39) , the right to vote and to stand as a candidate at municipal elections (Article 40) falling under Titles III Equality’ and V Citizens’ rights’ of the Charter of Fundamental Rights of the European Union. These fve FRA reports provide further analysis of issues relating to the rights of persons with disabilities, in particular of persons with mental health problems and of persons with intellectual disabilities. Europe Direct is a service to help you fnd answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). HOW TO OBTAIN EU PUBLICATIONS Photo (cover): © Shutterstock Free publications: More information on the European Union is available on the Internet (http://europa.eu). • one copy: via EU Bookshop (http://bookshop.europa.eu); FRA – European Union Agency for Fundamental Rights • more than one copy or posters/maps: Schwarzenbergplatz 11 – 1040 Vienna – Austria from the European Union’s representations (http://ec.europa.eu/represent_en.htm); Tel.: +43 158030-0 – Fax: +43 158030-699 from the delegations in non-EU countries (http://eeas.europa.eu/delegations/index_en.htm); Email: A great deal of information on the European Union Agency for Fundamental Rights is available on the Internet. This report addresses matters related to the principle of non-discrimination (Article 21), the integration of persons with It can be accessed through the FRA website at fra.europa.eu. disabilities (Article 26), the right to vote and to stand as a candidate at elections to the European Parliament (Article 39) , the right to vote and to stand as a candidate at municipal elections (Article 40) falling under Titles III Equality’ and V Citizens’ rights’ of the Charter of Fundamental Rights of the European Union. EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS These fve FRA reports provide further analysis of issues relating to the rights of persons with disabilities, in particular of persons with mental health problems and of persons with intellectual disabilities. Europe Direct is a service to help you fnd answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). The right to political participation of persons with disabilities: human rights indicators HOW TO OBTAIN EU PUBLICATIONS Photo (cover): © Shutterstock Free publications: More information on the European Union is available on the Internet (http://europa.eu). • one copy: via EU Bookshop (http://bookshop.europa.eu); FRA – European Union Agency for Fundamental Rights • more than one copy or posters/maps: Schwarzenbergplatz 11 – 1040 Vienna – Austria from the European Union’s representations (http://ec.europa.eu/represent_en.htm); Tel.: +43 158030-0 – Fax: +43 158030-699 from the delegations in non-EU countries (http://eeas.europa.eu/delegations/index_en.htm); Email: Contents ExECutivE summary and opinions ��5 introduCtion �� 11 1 involvEmEnt of pErsons with disabilitiEs in politiCal lifE��19 Conclusions �� 29 2 struCturE indiCators: law and poliCy ��31 2�1 The legal status of the CRPD in EU Member States �� 32 2�2 The legal status of the right of persons with disabilities to vote in EU Member States �� 37 2�3 Creating enabling conditions for the political participation of persons with disabilities �� 43 2�4 Ensuring access to complaints mechanisms ��51 Conclusions �� 52 3 proCEss indiCators: turning CommitmEnts into rEality �� 53 3�1 Involving persons with disabilities in the political process �� 54 3�2 Creating the opportunity to make complaints �� 57 Conclusions �� 63 4 outComE indiCators: a rEality ChECk �� 65 4�1 Representation in elected bodies ��66 4�2 An enabling environment ��69 Conclusions ��80 bibliography �� 82 annEx 1: p opulation of pErsons with disabilitiEs in thE Eu �� 92 annEx 2: ElECtion lEgislation in thE Eu �� 94 annEx 3: o vErviEw of CasEs rElatEd to thE right to politiCal partiCipation of pErsons with disabilitiEs ��99 annEx 4: rEporting status of Eu mEmbEr statEs to thE Crpd CommittEE �� 104 5 Executive summary and opinions The right to political participation, including persons particular types of impairment – for example, persons with disabilities, is frmly grounded in international law, with intellectual disabilities – disproportionately face enshrined in the United Nations (UN) Convention on the barriers to their participation in political life� As these Rights of Persons with Disabilities (CRPD), Council of individuals are often some of the most isolated and Europe instruments and European Union (EU) primary excluded, ensuring that they are able to play a full part and secondary legislation� in the political process presents a particular challenge for policy makers� The European Union Agency for Fundamental Rights (FRA) and the European Commission-funded Aca- Refecting the CRPD requirements in this area, and demic Network of European Disability Experts (ANED) drawing on the results of the research, five issues have collected data from across the 28 EU Member emerge: States, which show how the right to political participation of persons with disabilities set out in Article 29 of n lifting legal and administrative barriers to political the CRPD is respected, promoted and fulflled across the participation; EU� Political participation is broad: the data presented in n making voting procedures, facilities and election this report in the form of human rights indicators focus materials more accessible; on elections and the rights to vote and to be elected, as guaranteed by the European Convention on Human n expanding opportunities for participation in politi- Rights (ECHR), the Charter of Fundamental Rights of the cal and public life; EU and the EU treaties� n increasing awareness of the right to political participation of persons with disabilities; The frst message stemming from FRA’s and ANED’s analysis is positive: given an accessible and enabling n collecting data to measure the political participa- environment, persons with disabilities are active citi- tion of persons with disabilities� zens keen to be engaged in the political life of their Based on these fndings, FRA and ANED have formu- communities� As well as voting in elections, persons lated opinions for each of these issues, which suggest with disabilities take part in other types of political concrete measures that EU institutions and Member activity in large numbers, including being members States can take� The specifc indicators of relevance of political parties, attending political meetings and to each fnding are highlighted in brackets in the text contacting elected offcials� Providing more accessible below� information and processes, as well as better support and reasonable accommodation – that is, adjustments to allow persons with disabilities to enjoy their human lifting legal and rights on an equal basis with others – can further administrative barriers improve their participation� to political participation A second message is that despite these encouraging signs, signifcant challenges remain for the realisation of the right to political participation for persons with EU Member States have made signifcant progress in disabilities� Legal obstacles, such as restrictions on the integrating the right to political participation of per- right to vote for some persons with disabilities, and sons with disabilities into their national legal and policy gaps between the promise of law and policy and their frameworks�1 The fndings of the analysis indicate, how- actual implementation – for example in the form of inac- ever, that legal and administrative barriers continue to cessible polling stations or websites – persist� These prevent some persons with disabilities from participat- barriers can exclude persons with disabilities from the ing in political life on an equal basis with others� These opportunity to infuence the development and imple- barriers concern: mentation of the laws and policies which shape their n legal restrictions on the right to vote of some per- daily lives� Addressing these challenges as soon as pos- sons with disabilities particularly those with psy- sible is essential to increasing the legitimacy of public chosocial or intellectual impairments; institutions and creating more equitable and inclusive n inaccessible and cumbersome administrative pro- societies in which all members can participate fully� cesses which can prevent persons with disabilities A third message is that barriers to political participation from voting in practice; do not affect all persons with disabilities equally� Those with more severe impairments, as well as people with 1 See FRA (2013a); and FRA (2012a)� 7 The right to political participation of persons with disabilities: human rights indicators n diffculties accessing complaints mechanisms in EU Member States have or are developing national cases where persons with disabilities face prob- action plans or strategies in the area of disability lems in exercising the right to vote� rights. These policies should include specifc measures to promote the political participation of persons The analysis shows that in the majority of EU Member with disabilities, along with concrete targets and mile- States, the decision to deprive persons of their legal stones against which progress in implementing the capacity automatically bars them from voting (see relevant CRPD provisions can be measured. 2 indicator 2�2�1)� Existing concluding observations and 3 the general comment on Article 12 of the CRPD make delinking the right to vote from legal capacity clear the CRPD committee’s view that national legisla- In many EU Member States, the right to vote continues tion depriving people of the right to vote based on a to be linked to legal capacity, so that persons deprived disability, or a proxy such as assessed ‘capacity’, should of their legal capacity cannot vote in European Parlia- be reformed� ment or municipal elections. FRA’s 2010 report on The Inaccessible administrative processes linked to elections right to political participation of persons with mental can also hinder persons with disabilities’ participation� health problems and persons with intellectual disabili- In some EU Member States, the procedures for persons ties, updated in subsequent FRA Annual reports, found with disabilities to request support or assistance to vote that some Member States will need to reform their are not accessible (see indicator 2�2�2)� Similarly, per- legislation to meet the CRPD standards. In line with sons living in institutions can be prevented from voting the concluding observations of the CRPD Committee, by a lack of mechanisms to enable them to vote (see EU Member States should amend national legislation indicators 2�2�3 and 2�2�4)� depriving people of the right to vote based on a disability, or a proxy such as assessed ‘capacity’. The corollary of a right is the opportunity to make a complaint when the right is not realised� The analysis As stated in the European Disability Strategy 2010– indicates, however, that people deprived of legal capac- 2020, the European Commission is promoting the ity are legally not able to bring complaints related to conformity of Member State legislation on legal capac- political participation in a majority of EU Member States ity with the CRPD. This could continue to take place (see indicator 2�4�1)� Moreover, instances of complaints through the High Level Group of Experts on disability mechanisms deciding cases related to the political par- where EU Member State representatives can share ticipation of persons with disabilities were identifed in experiences of developing and implementing legal only a quarter of EU Member States (see indicators 3�2�2 reforms in this area. and 3�2�3)� As demonstrated by FRA research in other areas, one factor behind the low number of cases reach- removing administrative barriers ing complaints mechanisms is likely to be the lack of National public authorities should ensure that the accessible information about how and where to com- requirement to register to vote or for reasonable 4 plain (see indicator 3�2�1)� accommodation does not result in persons with disabilities being excluded from elections. Actions in this opinions regard could include measures ensuring that the reg- The EU has concluded the CRPD, and its law and poli- istration process is accessible by redesigning relevant cies must comply with the EU Charter of Fundamental websites in line with EU standard EN 301549, which Rights. The European Commission regularly reports on is in line with internationally recognised accessibility the implementation of Council Directives 93/109/EC standards (e.g. the World Wide Web Consortium’s Web and 94/80/EC which set out detailed arrangements Content Accessibility Guidelines (WCAG) 2.0 AA), and for the exercise of the right to vote and stand as a by making information available in alternative formats candidate in elections for the European Parliament such as easy-to-read, large print or Braille. and in municipal elections. Future reports on the Persons living in long-term institutions who cannot implementation of both directives should include an reach a polling station should be enabled to vote assessment of whether they are being interpreted in a through alternative forms of voting. These voting manner consistent with the right to political participa- methods must ensure the secrecy of the vote and tion enshrined in Article 29 of the CRPD. that persons with disabilities can make a free choice As shown in FRA’s Annual report covering 2013 and the of candidate or party to support without undue infu- Disability High Level Group reports since 2010, many ence from others. making complaints procedures effective 2 All Concluding Observations are available at: http://tbinternet�ohchr�org/_layouts/treatybodyexternal/ Complaints mechanisms, both judicial and non-judicial, TBSearch�aspx?Lang=en&TreatyID=4� 3 UN, Committee on the Rights of Persons with Disabilities (2013a)� should be made more accessible for persons with dis- 4 See FRA (2009), and FRA (2012b)� abilities. One important step would be to lift restrictions 8 Executive summary and opinions on the right of persons deprived of legal capacity to bring parties had provided information in accessible formats complaints independently of their guardian. However, and then frequently only in a format suitable for certain measures should also be taken to make sure that infor- types of impairment (see indicator 4�2�5)� mation about how and where to complain is accessible to all persons with disabilities through the production of opinions information materials in different formats. This informa- Although legal accessibility standards are in place in tion should be distributed through support and advocacy many EU Member States, measuring the accessibility organisations for persons with disabilities, including disa- of the environment is hindered by a lack of common EU bled persons organisations (DPOs). criteria setting out what constitutes an accessible build- ing. In keeping with their responsibilities under Article Finally, as outlined in the 2011 FRA report Access 9 (2) (a) of the CRPD, state parties – both the EU and to justice in Europe: an overview of challenges and the Member States – should develop, promulgate and opportunities and the 2012 FRA report Access to justice monitor the implementation of minimum standards and in cases of discrimination in the EU: steps to further guidelines for the accessibility of facilities and services equality, allowing civil society organisations (CSOs), open or provided to the public, including public authority including DPOs, to bring claims to court could be an buildings. These criteria should encompass the acces- important step to enforcing political rights. Strict rules sibility needs of all persons with disabilities, not just relating to legal standing often prevent CSOs from those with physical impairments. The European Com- taking a more direct role in litigation in cases of fun- mission continues to support and supplement national damental rights violations. activities, including through the second phase of the Standardisation Mandate M/420 on accessibility to the built environment. making voting procedures, facilities and election Where persons with disabilities require support to vote, the law should provide for assistance in voting by a per- materials more accessible son of their choice. Such assistance should be available to all persons with disabilities, at their request. Most EU Member States have accessibility standards for the construction and renovation of public authority build- EU Member States should encourage media providers ings (see indicator 2�3�3), while around half have acces- to increase the accessibility of their output. Websites sibility standards for polling stations (see indicator 2�3�4)� should be designed in line with EU accessibility standard It is very diffcult, however, to assess the implementation EN 301549, while media outputs can be made more of these standards, due to a lack of robust and compara- accessible through subtitles, sign language interpre- ble data on the accessibility of buildings in practice (see tation and audio descriptions, preferably following EU indicators 4�2�1 and 4�2�2)� Where data are available, its standards. To achieve this, Member States could con- reliability is undermined by a lack of consistent criteria sider strengthening legal and policy measures on media for assessing accessibility and a focus on the needs of accessibility, for example by setting measurable targets persons with physical impairments (see indicator 3�1�3)� for accessibility and broadening the scope of existing legislation to cover private as well as public provid- Although electoral legislation in most EU Member States ers. The EU can facilitate this process by supporting requires that assistance in voting is available to persons the implementation of the Audiovisual Media Service with disabilities, in some this is only available to per- Directive which prompts Member States to encourage sons with physical or sensory impairments (see indi- media service providers to ensure that their services are cator 2�3�5)� Moreover, it is not always possible for the made more accessible to people with visual or hearing actual person with the disability to choose who they impairments. would like to assist them� In the run-up to elections, communication material Many EU Member States have established legal acces- which provides instructions for voting and informa- sibility requirements for providers of information over tion on candidates should offer clear explanations in the internet and the broadcast media, although in a simple language, and be easily available in different large number of cases these requirements only apply formats. Member States should also ensure that funding to public information providers (see indicators 2�3�1 and is available for the provision of accessible information 2�3�2)� In practice, however, this research shows that throughout the electoral process. election-related media remains largely inaccessible to persons with disabilities� Political parties should provide their manifestos and other campaign materials in alternative formats, which refect Furthermore, examples of party manifestos in acces- the needs of persons with different types of impairments sible formats were identifed in half the Member States including easy-to-read, videos with subtitles or sign but with a lack of consistency; often only one or two language interpretation, Braille and large print. Political 9 The right to political participation of persons with disabilities: human rights indicators parties can also increase the opportunities for persons removal of physical barriers and the provision of sign with disabilities to participate in their activities by taking language interpreters. steps to make their events more accessible, for example by checking the accessibility of meeting places and pro- Schemes to ensure that candidates or prospective can- viding sign language interpretation. didates have the same opportunities to run for elected offce as others should be considered by EU Member States. These could include fnancial and other support Expanding opportunities for to account for the additional resources persons with disabilities may need to campaign effectively, as well participation in political life as steps to remove physical and other obstacles which impede access to buildings where political activities Closely consulting and actively involving persons with take place. Once in offce, elected offcials with dis- disabilities, through their representative organisations, abilities should be provided with the reasonable accom- in policy development and law making is an obligation modations required to allow them to carry out their under the CRPD; yet, it is not formalised as a requirement tasks on an equal basis with others. or systematic practice in all EU Member States (see indicator 3�1�1)� The analysis shows that public authorities Reasonable accommodations tailored to the needs of increasingly consult with and involve disabled persons the specifc individual may be necessary even in an organisations (DPOs) as these authorities take steps to environment that is accessible. Making these accom- implement the CRPD – a Europe-wide promising practice modations requires information on the needs of elected that should be expanded and deepened further� There offcials. Such data collection must, however, comply is great scope to engage organisations of persons with with legally established safeguards to ensure conf- disabilities in reviewing and resolving the challenges dentiality and respect for the privacy of persons with outlined in this report� disabilities. An important indication of the opportunity for persons with disabilities to participate in public life is the number of persons with disabilities elected to public offce� increasing awareness of the This research shows, however, a lack of evidence about right to political participation the extent to which people with disabilities have been able to take advantage of the opportunity to be elected of persons with disabilities to the European Parliament, national parliaments or municipal governments (see indicators 4�1�1 and 4�1�2)� FRA and ANED data show a lack of training and awareness among key stakeholders, such as election offcials, opinions political parties, public authorities and media provid- EU Member States and the EU institutions should closely ers, on how to realise the right to political participation engage persons with disabilities, including through their of persons with disabilities� In all but one EU Member representative organisations, in decision-making pro- State, the analysis shows that training for election off- cesses concerning issues relating to persons with dis- cials which covers non-discrimination on the grounds of abilities. To this end, Member States and EU institutions disability, accessibility and reasonable accommodation should strengthen existing mechanisms for involving is not required by law (see indicator 2�3�4)� DPOs, including by setting up advisory or consultation DPOs play a major part in raising awareness among pub- bodies. These should include a signifcant proportion of lic authorities of the rights of persons with disabilities and DPOs refecting different groups of persons with dis- can continue to do so through the further development of abilities. Representatives of persons with disabilities consultation mechanisms at all levels of government� It is should be full members of such bodies, on an equal also essential that persons with disabilities themselves, basis with others, and should be provided with the particularly those with more severe impairments, are necessary resources in a way that supports them to aware of the right to vote and participate in political life� participate in a meaningful way without compromising Persons with disabilities can then challenge the practices their independence. and procedures which undermine their opportunity to EU Member States and EU institutions should ensure that realise these rights in practice� opportunities to participate in consultation processes concerning the development of law and policy affecting The data on the accessibility of information and cam- persons with disabilities are clearly and widely publi- paign materials suggest a need to increase the capacity cised using accessible communications. Member States of political parties and media organisations to make should ensure that DPOs can provide input in other for- their outputs more accessible (see indicators 4�2�3, 4�2�4 mats such as Braille or easy-to-read. Public hearings and and 4�2�5)� Similarly, the inaccessibility of polling sta- committee meetings discussing proposed legislation tions and public authority buildings indicates a need to should be made accessible through, for example, the increase the capacity of relevant public authorities to 10

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