Summary: 1. Introduction. – 2. Historical Development of Legal Incapacity and its Conceptual Changes in Recent Decades. – 3. International and Comparative Context of EU Countries Regarding Restrictions on Voting Rights Based on Legal Incapacity. – 4. Removing Restrictions on the Right to Vote in Lithuania: The Issue of Compatibility Between the Constitution and the Convention on the Rights of Persons with Disabilities. – 5. Conclusion.
Background. For decades, persons with disabilities in Lithuania, as well as in other CEE countries, faced significant barriers to exercising their political rights, including voting and standing for election, due to restrictive legal provisions and social attitudes. The adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2006 marked a paradigm shift from the medical and charity models of disability towards a human rights-based approach. Article 29 of the CRPD obliges State Parties to ensure the full political participation of persons with disabilities. However, the implementation of these provisions in Lithuania has been challenged by constitutional restrictions that exclude persons declared legally incapacitated by a court from participating in elections. This has created tensions between international human rights obligations and national constitutional provisions.
Methods. This study employs a multi-method legal research approach to examine the compatibility of the Lithuanian Constitution with Article 29 of the CRPD in the context of electoral rights. Document content analysis was conducted on relevant Lithuanian legal provisions, Constitutional Court rulings, and international human rights instruments. A comparative analysis was conducted to assess reforms in EU Member States aimed at removing voting restrictions based on legal incapacity. Historical and teleological methods were used to trace the evolution of legal incapacity and uncover the intended meaning of constitutional provisions. Systematic and logical analysis supported the evaluation of potential constitutional amendments required for compliance with the CRPD.
Results and conclusion. The analysis revealed that while significant reforms were introduced in Lithuania in 2016 to replace full legal incapacity with partial incapacity in specific areas, the electoral rights of persons with disabilities may still be restricted by a court decision. Draft laws proposed in 2024 sought to abolish the institution of legal incapacity entirely and to implement Article 29 of the CRPD. However, these reforms were suspended following concerns about their compatibility with the Lithuanian Constitution, which explicitly prohibits persons declared legally incapacitated from exercising electoral rights. Comparative analysis showed that many EU Member States have successfully reformed their legal frameworks to align with the CRPD, including constitutional amendments in Luxembourg. The study demonstrates that the full implementation of Article 29 of the CRPD in Lithuania is obstructed by constitutional provisions that explicitly restrict electoral rights for persons declared legally incapacitated. While legislative reforms alone are insufficient to resolve this issue, constitutional amendments would be required to ensure compliance with international human rights standards. Given prevailing societal attitudes towards persons with mental and intellectual disabilities, such amendments are likely to encounter political and social resistance. Nevertheless, aligning national law with the CRPD remains essential to promote inclusive democracy and uphold the principle of equality enshrined in both international and national legal systems.