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The Democratic Life of the Union: Toward Equal Voting Participation for Europeans with Disabilities

This Article puts forward preliminary legal scholarship on equal political participation by persons 
with disabilities and what international human rights law requires for its attainment. The goal is to 
provoke an informed dialogue on the neglected but fundamental human right to enfranchisement by persons 
with disabilities while also acknowledging that a complete and just resolution requires further information 
and reflection. 
The Article argues that the fundamental right to vote cannot be curtailed on the basis of an alleged 
lack of capacity. Disenfranchisement based on individual assessment unjustly excludes a certain number of 
voting-capable individuals. Since all those affected are persons with disabilities, this violates the requirement 
of equality expressed in general international human rights law that recently was explicitly extended 
to cover disability. 
The Article also pushes the discussion forward by delving into the controversial and unsettling notion of 
proxy voting, suggested by philosopher Martha Nussbaum. Although a small number of individuals 
cannot currently be accommodated in the electoral process, this does not justify their disenfranchisement. 
Nor does it warrant a more intrusive measure, such as voting by proxy. In no circumstance should their 
situation justify singling out voting-incapable persons from other individuals or categorizing them differently 
before the law. 
Although the focus is often seen through a European lens, the questions raised are pertinent for the 
exercise of human rights by persons with disabilities around the globe.