Due to a disability, in principle, elections, excluded, in breach of the basic law, decided by the Federal constitutional court. Currently over 80,000 people in European or Bundestag elections.
, The Federal constitutional court noted in its decision that the requirements in the Federal election violated the law, against the principle of the generality of the choice and the prohibition of discrimination on grounds of disability.
The Second Senate in Karlsruhe, Germany justified its decision on the fact that an exclusion from the active choice is quite justified, although in the Constitution. The regulations in the Federal electoral law does not meet the “requirements and legal types”, because the circle of those Concerned “will be determined without sufficient objective reason in equality in a manner contrary to”.
On the Change in the electoral law, the government parties agreed in the coalition agreement.
choice of exclusion is, in principle, possible
at the same time made the judges of the constitutional court is clear that people, in which it is assumed “that the opportunity to participate in the communication process between the people and the state organs is not to a sufficient extent,” the exclusion from the active election right may be justified in principle.
Several interested parties had lodged an appeal against their exclusion from the election to the Bundestag in 2013. According to the Federal constitutional court in the election 82.220 fully supervised people were affected.
disability Commissioner welcomes the judgment
The disabled Commissioner of the Federal government, Jürgen fuddle, welcomed the ruling. He was happy about this clear decision, and called on the coalition factions, the coalition agreement “without If and but.” In the upcoming European elections, it should not give more, this choice of exclusions. The European election is held in may.
“A great success,”
“must Finally choose really all adult German citizens”, – said the Federal President and the SPD member of the German Bundestag, Ulla Schmidt. “This is a great success for people with disabilities and for our democracy.”
The Association had supported the Complainants, as well as the Association of Caritas behindertenhilfe und Psychiatrie (CBP).
SPD: Union group prevents implementation
The SPD makes a coalition partner for the decision of the judges is responsible. The tip of the CDU/CSU-group, have so far prevented an already recorded the agreement of the professional politician decided to Change the electoral law, criticised the Deputy Chairman of the SPD parliamentary group, Eva Högl. The agreement reached there since the end of November. “The head of the Union group, but so-far, that this agreement may be in the Bundestag, adopted.”
In its coalition agreement, had agreed to the SPD, the CDU and the CSU to a Change in the electoral law. “Our goal is to have an inclusive electoral law is for all”, it says. “We will finish the electoral law, to the exclusion of people from a Full-service support.”
files: 2 BvC 62/14
the disabled officer election criticized right 03.12.2018 Atlas |Germany |Karlsruhe your opinion – meta.tagesschau.de
7 comments to a message
the Latest comment from ‘neutral world’ in the 21.02.2019 11:38 PM
what disabilities
what disabilities are we talking about?…
view All the comments or add your own comment. Phrases of the message: people with disabilities electoral law of the Federal constitutional court
