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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Format: | Article |
Language: | English |
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Wydawnictwo Adam Marszałek
2018-12-01
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Series: | Polish Political Science Yearbook |
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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 |
collection | DOAJ |
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. |
first_indexed | 2024-12-23T20:58:58Z |
format | Article |
id | doaj.art-8bdc874b83d74b6b980c288b7941475c |
institution | Directory Open Access Journal |
issn | 0208-7375 0208-7375 |
language | English |
last_indexed | 2024-12-23T20:58:58Z |
publishDate | 2018-12-01 |
publisher | Wydawnictwo Adam Marszałek |
record_format | Article |
series | Polish Political Science Yearbook |
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 |
work_keys_str_mv | AT małgorzatababula electoralrightsandintellectualdisabilityconsiderationsdelegelata |