Who is dependent because of a disability to a court-ordered support in all matters, so far excluded from elections. This is unconstitutional, decided by the Federal constitutional court. The exclusion from the right to vote could be constitutionally justified, but the existing rules in Federal election law, for to in a lump sum. the
people who are in need of court-ordered care, may not be a lump sum, excluded from elections. This also applies to offenders who are housed, due to inability in a psychiatric hospital. The right to vote must be re-regulated, according to a decision by the Federal constitutional court on Thursday has released.
The requirements in the Federal electoral law to the judges, according to the principle of the generality of the choice and the prohibition of discrimination on grounds of disability.
The law excludes, among others, people from the right to choose a maintainer “is ordered in all Affairs”. For the judges this is “by chance and dependent on circumstance” of becoming looked after is not a meaningful criterion, as they run in a communication. The exclusion from the right to vote may be constitutionally justified if a group of people could not participate sufficiently in the communication between the people and organs of state. However, 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”.
Eight Concerned had lodged a complaint against their exclusion from the election to the Bundestag in 2013. According to the Federal constitutional court were affected supervised in the choice 81 of 220.
“I am very pleased with this clear decision,” said the Federal disability Commissioner Jürgen fuddle. In the upcoming European election on may 26. May not be this election exclusions. He called on the Union and the SPD, the coalition agreement. Union and SPD had agreed in the coalition agreement on an Amendment to the election law in this point.
