Photo: “Election 2018 in Hungary. Taken on the 8th of April, 2018, around 23.35. Bálna, Budapest. Orbán Viktor announcing the victory of the FIDESZ party.“, by Elekes Andor licensed under CC-BY-SA-4.0. Hue modified from the original.
Gianello, Simone. “The right to vote of persons with mental disabilities in Hungary under Art. 3 of Protocol 1 to the European Convention on Human Rights.” In The Right to Political Participation, pp. 83-106. Routledge, 2022.
Abstract
Over the last decade, Hungary has been the focus of attention from both the EU and the CoE due to its progressive involution towards an illiberal democracy. Despite the problems regarding the exercise of the right to vote and the electoral system the infringement of Art. 3 of Protocol 1 has been the consequence of the general and automatic disenfranchisement of the persons subjected to partial guardianship. The main reference is to ECtHR, Kiss v. Hungary (Application no. 38832/06, 20 May 2010). Although some issues related to the effective recognition of the right to vote to persons under protection still remain, after this moment, Hungary has progressively changed its legal system in accordance with the ruling of the ECtHR. The new Fundamental Law entered into force in 2012 (Section XXIII, para. 6) eliminates the criterion of automatic disenfranchised. The right to vote can now be limited only by a Court decision and the relevant provisions of the Civil Code have also been modified such as the Act on Electoral Procedure (XXXVI of 2013). Hence, at least in principle, the loss of voting rights no longer automatically follows from the application of a measure restricting the legal capacity of a person.
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