The Elections to the Parliament Act §52(5)), the European Parliament Act §39(6) and seven Municipal Election Acts foresee that every municipality should provide at least one polling station which is accessible for persons with disabilities. However, because of the phrase technically possible” this “wherever regulation is not binding. § 52 (5) NRWO states, that where technically possible, one polling stations has to be accessible for physically impaired persons, and – if technically possible guidance system for visually impaired persons should be – installed. § 39 (6) EuWO is identical in its wording. The same Acts state that for blind and strong visually impaired persons a guidance system should be installed if technically possible. Measure 190 of the National Action Plan on Disability 2012-2020 (Nationaler Does the national strategy/action plan on Aktionsplan Behinderung) states: information about participation in “Providing disability cover the right to political elections in accessible and (as far as possible) understandable form, in printed participation of persons with disabilities? and electronic versions”. In Austria persons who have been deprived of their legal capacity nevertheless have the right to vote (Art. 26 of the Austrian Constitutional Law, B-VG ). It is not explicitly mentioned in the constitution, the constitution states that every Are all persons with disabilities, including those person above the age of 16 and holding Austrian citizenship is entitled to vote. who have been deprived of their legal capacity, Exclusion from the right to vote can only be based on a final criminal conviction able to access redress and complaint according to Art. 26 (5) of the Constitution. mechanisms in cases where they have not According to § 28(1) of the Elections to the Parliament Act and §16(1) Election been able to exercise the right to vote? to the European Parliament Act every (EU-) citizen has the right to complain against the electoral register. The same applies to all the Municipal Election Acts. There is no scope for complaint foreseen in the provisions if for example, reasonable accommodations are not made. PROCESS INDICATORS Process indicators Source and supporting information
The Elections to the Parliament Act §52(5)), the European Parliament Act §39(6) and seven Municipal Election Acts foresee that every municipality should provide at least one polling station which is accessible for persons with disabilities. However, because of the phrase “wherever technically possible” this regulation is not binding. § 52 (5) NRWO states, that where technically possible, one polling stations has to be accessible for physically impaired persons, and – if technically possible – guidance system for visually impaired persons should be installed. § 39 (6) EuWO is identical in its wording. The same Acts state that for blind and strong visually impaired persons a guidance system should be installed if technically possible. Does the national strategy/action plan on disability cover the right to political participation of persons with disabilities? Measure 190 of the National Action Plan on Disability 2012-2020 (Nationaler Aktionsplan Behinderung) states: “Providing information about participation in elections in accessible and (as far as possible) understandable form, in printed and electronic versions”. Are all persons with disabilities, including those who have been deprived of their legal capacity, able to access redress and complaint mechanisms in cases where they have not been able to exercise the right to vote? In Austria persons who have been deprived of their legal capacity nevertheless have the right to vote (Art. 26 of the Austrian Constitutional Law, B-VG ). It is not explicitly mentioned in the constitution, the constitution states that every person above the age of 16 and holding Austrian citizenship is entitled to vote. Exclusion from the right to vote can only be based on a final criminal conviction according to Art. 26 (5) of the Constitution. According to § 28(1) of the Elections to the Parliament Act and §16(1) Election to the European Parliament Act every (EU-) citizen has the right to complain against the electoral register. The same applies to all the Municipal Election Acts. There is no scope for complaint foreseen in the provisions if for example, reasonable accommodations are not made. PROCESS INDICATORS Process indicators Source and supporting information
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