Избирателната дееспособност на хората с интелектуални увреждания и психично-здравни проблеми в контекста на практиката на Европейския съд по правата на човека
The Voting Capacity of Persons with Intellectual Disabilities and Mental Health Problems in the Light of the Case law of the European Court of Human Rights

Summary/Abstract: The judgment of the European Court of Human Rights in the case Anatoliy Marinov v. Bulgaria (No. 26081/17) rendered on 15 February 2022 contains an imperative for the State to amend its legislation in such a way as to allow for an individual judicial assessment of the ability of persons placed under judicial disability to take informed and considered decisions and to participate in voting. In this international context which is new for the State, the article presents the advantages and disadvantages of an approach of restricted political participation in which the exercise of voting rights by persons with mental and intellectual disabilities is premised on an individual assessment of their ability to cast a competent vote.

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