Disabilità e diritto di voto: gli obblighi positivi codificati nel diritto internazionale e le sfide della loro attuazione

• ANDREA DE GUTTRY ^[1]
  1. [1] Sant'Anna School of Advanced Studies

     Sant'Anna School of Advanced Studies

     Pisa, Italia

     
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 4, 2022, págs. 895-925
• Idioma: italiano
• Títulos paralelos:
  • The right to vote of persons with disabilities: Positive obligations codified in international law rules and the challenges of their domestic implementation
• Enlaces
  • Texto completo (pdf)
• Resumen

  • The right to vote and to be elected is codified in several international conventions, both at universal and at regional level. Persons with disabilities, however, continue to face administrative challenges and physical barriers which, quite often, prevent them from fully enjoying their political rights. The specific needs of persons with disabilities, who represent about 15% of the worldwide population, have stimulated the UN to adopt the 2006 Convention on the Rights of Persons with Disabilities, where specific rules are devoted to the right to vote and to be elected. However, the effective enjoyment of these rights depends, largely, on the implementation of the relevant international obligations into the domestic legal systems, which, so far, has been far from consistent. In this article, the relevant international rules dealing with the right to vote of persons with disabilities will be critically examined, also in light of the new proposals currently under discussion to make these rights effective, especially through a more intense use of assistive technologies. The article will then focus its attention on how these international rules have been domesticated and will suggest possible solutions to overcome the existing problems.