Electoral Rights and Intellectual Disability: Considerations de lege lata

The Constitution of the Republic of Poland mentions as one of the principles of electoral law its universality. This means that anyone who meets the requirements of law is entitled to vote. The admissibility of exclusions from this principle is also expressly defined by the law. One of the limitatio...

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Main Author: Małgorzata Babula
Format: Article
Language:English
Published: Wydawnictwo Adam Marszałek 2018-12-01
Series:Polish Political Science Yearbook
Subjects:
Online Access:https://czasopisma.marszalek.com.pl/images/pliki/ppsy/47-4/ppsy2018404.pdf
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author Małgorzata Babula
author_facet Małgorzata Babula
author_sort Małgorzata Babula
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description The Constitution of the Republic of Poland mentions as one of the principles of electoral law its universality. This means that anyone who meets the requirements of law is entitled to vote. The admissibility of exclusions from this principle is also expressly defined by the law. One of the limitations in the exercise of electoral rights is an intellectual disability resulting in the incapacity of the individual. Meanwhile, Poland’s international obligations resulting e.g. from the ratification of the Convention on the Rights of Persons with Disabilities provides with a necessity of a deeper reflection on the present solutions. The ratification by Poland of the UN Convention has stimulated discussion on the political rights of people with intellectual disabilities, extending the field of debate on the legitimacy of the current form of institution of incapacitation. The aim of this article is to reflect on the current solutions in the exercise of electoral rights by people affected by intellectual disability but not being incapacitated.
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spelling doaj.art-8bdc874b83d74b6b980c288b7941475c2022-12-21T17:31:26ZengWydawnictwo Adam MarszałekPolish Political Science Yearbook0208-73750208-73752018-12-0147464265110.15804/ppsy2018404Electoral Rights and Intellectual Disability: Considerations de lege lataMałgorzata Babula0University in RzeszówThe Constitution of the Republic of Poland mentions as one of the principles of electoral law its universality. This means that anyone who meets the requirements of law is entitled to vote. The admissibility of exclusions from this principle is also expressly defined by the law. One of the limitations in the exercise of electoral rights is an intellectual disability resulting in the incapacity of the individual. Meanwhile, Poland’s international obligations resulting e.g. from the ratification of the Convention on the Rights of Persons with Disabilities provides with a necessity of a deeper reflection on the present solutions. The ratification by Poland of the UN Convention has stimulated discussion on the political rights of people with intellectual disabilities, extending the field of debate on the legitimacy of the current form of institution of incapacitation. The aim of this article is to reflect on the current solutions in the exercise of electoral rights by people affected by intellectual disability but not being incapacitated.https://czasopisma.marszalek.com.pl/images/pliki/ppsy/47-4/ppsy2018404.pdfDISCRIMINATIONINTELLECTUAL DISABILITYPOLITICAL RIGHTSELECTORAL RIGHTSINDIVIDUAL RIGHTSCONSTITUTION
spellingShingle Małgorzata Babula
Electoral Rights and Intellectual Disability: Considerations de lege lata
Polish Political Science Yearbook
DISCRIMINATION
INTELLECTUAL DISABILITY
POLITICAL RIGHTS
ELECTORAL RIGHTS
INDIVIDUAL RIGHTS
CONSTITUTION
title Electoral Rights and Intellectual Disability: Considerations de lege lata
title_full Electoral Rights and Intellectual Disability: Considerations de lege lata
title_fullStr Electoral Rights and Intellectual Disability: Considerations de lege lata
title_full_unstemmed Electoral Rights and Intellectual Disability: Considerations de lege lata
title_short Electoral Rights and Intellectual Disability: Considerations de lege lata
title_sort electoral rights and intellectual disability considerations de lege lata
topic DISCRIMINATION
INTELLECTUAL DISABILITY
POLITICAL RIGHTS
ELECTORAL RIGHTS
INDIVIDUAL RIGHTS
CONSTITUTION
url https://czasopisma.marszalek.com.pl/images/pliki/ppsy/47-4/ppsy2018404.pdf
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