Rapporteur: Krzysztof PATER Real rights of Persons with Disabilities to Vote in European Parliament Elections European Economic and Social Committee Information Report Rapporteur: Krzysztof PATER

European Economic and Social Committee The report is a story about the European Union. It presents its real face. But this face is not bright – it is grey. European Economic and Social Committee

Work Stages (1) September 2016 – September 2017 Analysis of the international legal framework and available literature Development of the first research survey (10 pages, EN + FR) – legal barriers + basic questions related to technical barriers Carrying out the first survey Elaboration of answers to the first survey; draft of the legal barriers part of the report

Work Stages (2) October 2017 – September 2018 Development of the second research survey (26 pages, 10 modules, questions in EN + FR, answers possible in all EU languages) – detailed questions related to technical barriers Carrying out the second survey

Work Stages (3) October 2018 – March 2019 Elaboration of answers to the second survey; draft of the whole report Final consultation with the most valuable contributors from all Member States Final draft of the report Adoption of the report

Structure of the Report Introduction Conclusions The main international legal and policy framework applying to the voting rights of persons with disabilities Legal basis for European Parliament elections Legal barriers to voting rights Technical barriers to voting rights More than 200 examples from all Member States

Introduction Purpose of the report Data collection process Why only about European Parliament elections

The Main International Legal and Policy Framework United Nations legal acts, including The United Nations Convention on the Rights of Persons with Disabilities European Union legal acts Other key legal and political acts „Everyone has the right to take part in the government of his country, directly or through freely chosen representatives”. adopted by UN General Assembley on 10th December 1948

Legal Basis for European Parliament Elections Historical context The Electoral Act of 1976 amended by Council Decision 2002/772/EC, Euratom Directive 93/109/EC Possibility to amend the current rules

Deprivation of Voting Rights in no circumstances an individual may be deprived of the right to vote: Austria, Croatia, Denmark, Finland, Ireland, Italy, Latvia, Netherlands, Slovakia, Spain, Sweden, United Kingdom automatic lose of rights to vote when legal capacity is removed or when the guardian is appointed: Bulgaria, Cyprus, Estonia, Germany, Greece, Lithuania, Luxembourg, Poland, Romania assessment made on individual’s actual ability to vote: Belgium, Czech Republic, France, Hungary, Malta, Portugal, Slovenia

Technical Barriers – Some Outcomes (1) The public institutions in the vast majority of EU countries provide voters at their place of residence with basic information; In 8 Member States it is very limited and is provided via the media and the internet only.

Technical Barriers – Some Outcomes (2) Despite the existing rules, the vast majority of polling stations in the EU are not fully or generally adapted to the needs of persons with various types of disabilities; In 12 MS, persons with disabilities are not entitled to change polling stations; No EU MS has standardised the way in which polling stations are fitted out and run to be user-friendly for all voters; Free choice of an assistant is not possible in some MS;

Technical Barriers – Some Outcomes (3) Taking into account types of voter actions when casting the vote, MS can be categorised in 7 groups; Only 9 MS have implemented technical arrangements allowing blind persons to cast their vote in secrecy and without any assistance; In 7 MS voters have to write on the ballot paper the registration number or name of the chosen candidate or the name of the party for which they are voting; In some MS the procedures are not easy to be understood or the voters are requested to write name or number on the ballot paper

Technical Barriers – Some Outcomes (4) In almost one third of MS, people in round-the-clock care institutions or undergoing long-term treatment in hospitals have no opportunity to participate in elections It can happen that while voting is, in theory, possible, exercising this right in practice requires a great deal of effort and support from the family 7 countries provide "closed polling stations" for these people In many MS, procedures for registration voters living in a different EU country to their country of origin don’t take sufficient account of the needs of persons with disability (especially blind, visually impaired and deaf persons)

Some Other Issues Presented in the Report Early voting (10 MS); Postal voting (8 MS); Voting by mobile ballot box (17 MS); Proxy voting (5 MS); Electronic voting (2 MS); Compulsory voting (3 MS).

Main Conclusions (1) In each of the 27 EU countries, there are laws or organisational arrangements which exclude some voters with disabilities from participating in EP elections.

Main Conclusions (2) About 500 000 EU citizens from 16 Member States are, on account of national rules, deprived of the right to participate in EP elections because of their disabilities or mental health problems.

Main Conclusions (3) In eight Member States, anyone who cannot to get to a polling station is not able to vote, as they do not have the option of an alternative form of voting

Main Conclusions (4) In 18 Member States, blind voters have no way of voting independently.

Main Conclusions (5) If the best practices from across all countries were implemented, an ideal system would emerge in which every EU citizen with disabilities not only would have the full possibility to vote but also would be able to choose for themselves the most convenient way in which to vote.

Main Conclusions (6) Current EU legislation already addresses a number of issues concerning EP elections. Thus, there are no formal obstacles to this legislation also including guarantees on voting options for persons with disabilities.

European Economic and Social Committee … but the future can be bright for all – - - it is the time for action!!! The report is about the gray face of EU … European Economic and Social Committee