2019, 1

Osservatorio sulle fonti / Observatory on Sources of Law

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Section: Sources of Law in the EU member States

SPAIN– 2018

By Ana Carmona Contreras, University of Seville

Name of the Act/s

Ley Orgánica 2/2018, de 5 de diciembre, para la modificación de la Ley Orgánica 5/1985, de 19 de junio, del Régimen Electoral General para garantizar el derecho de sufragio de todas las personas con discapacidad.

Date of entry into force of original text

December 7, 2018

Date of Text (Adopted)

December, 5, 2018

Type of text

Organic Law /Ley Orgánica

If federal State

Federal level

□ State level (specify the State)

If Regional State

x State level

□ Regional level (specify the Region/Comunidad Autonoma)

Enacted by

Government/Congress of Deputies

Reference to the Constitution (art)

Article 14:

---- “Spaniards are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other personal or social condition or circumstance”.

Article 23.1:

---- “Citizens have the right to participate in public affairs, directly or through representatives freely elected in periodic elections by universal suffrage”.

Subject area

Right to vote; persons with disabilities;

If the act implements a source of EU Law: cite the relevant EU legal source

Comment

As a result of this legislative reform "everyone can exercise their right to vote, conscious, freely and voluntarily, whatever their way of communicating and the means of support required."

It can be said that the adaptation of the electoral law is a consequence of the need to adjust the Spanish regulation to the provisions of the Convention on the Rights of Persons with Disabilities. Thus, the pre-existing situation is overcome and makes it possible for people who are any limited or canceled their right to vote because of disabilities can exercise their right to vote.

The Committee on the Rights of Persons with Disabilities (United Nations) asked Spain through a recommendation adopted in 2011 to review "all relevant information to law all persons with disabilities, regardless of disability, of their legal status or their place of residence, have the right to vote and participate in public life on an equal basis with others ". In response to such a request, the Committee urged the State to amend Article 3 of the Electoral Act which "authorizes judges to deny voting rights by decisions taken in each individual case".

Secondary sources/ doctrinal works (if any)

Available Text

https://www.boe.es/diario_boe/txt.php?id=BOE-A-2018-16672