Unresolved issues about the right to vote of persons with disabilities

Abstract

In a social and democratic State, political legitimacy relies on participation of all people in political life. However, persons with disabilities have been frequently denied their right to political participation in a variety of ways and for a variety of reasons, often the result of direct or indirect discrimination. In accordance with article 9.2 of the Spanish Constitution «it is incumbent upon the public authorities to facilitate the participation of all citizens in political life». On the other hand, the Convention on the Rights of Persons with Disabilities, ratified by Spain in 2008, establishes that «the States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others». The aim of this article is to analyze how the Spanish laws provide different measures and procedures to facilitate the voting rights of persons with disabilities. We will focus on the recent reform of the Organic Law of General Electoral Regime repealing the possibility of disenfranchisement of persons with intellectual disabilities, paying particular attention to the doubts and concerns raised by its implementation.