Switzerland/ Disability: Equal Political Rights for Everyone

On Wednesday, the Federal Council released a draft bill for public comment aimed at strengthening the political rights of people with disabilities at the federal level.

All Swiss citizens—men and women alike—must be able to participate in political life without restriction. On Wednesday, the Federal Council released a draft bill for public comment aimed at strengthening the rights of people with disabilities.

Currently, people with “mental illness or mental disability” are deprived of political rights at the federal level, according to the Constitution. This outdated wording was clarified 50 years ago in the law: it applies to people who, due to a lasting lack of judgment, are protected by a general guardianship or a power of attorney in case of incapacity.

In recent years, the concept of disability and the rights of people with disabilities has evolved. Society strives for participation that is as independent and equal as possible. A disability or a need for assistance no longer justifies exclusion from political life.

The Federal Council’s proposal is part of this trend and aims to grant political rights to all Swiss citizens with no conditions other than having reached the age of 18. People under comprehensive guardianship or under a mandate in case of incapacity will thus no longer be excluded from the right to vote.

Between 13,000 and 16,000 people

The proposal covers all political rights at the federal level, namely the right to vote and to stand for election to the National Council, the right of initiative and referendum, and the right to participate in federal referendums. Elections to the Council of States remain governed by cantonal law.

There are no national statistics on the number of people affected by this exclusion. However, the Federal Council estimates that between 13,000 and 16,000 people are affected by this reform. This will strengthen their right to self-determination.

Regarding the potential risk of abuse, the Federal Council believes there is no need to take further measures. Support systems are already in place to enable all voters to cast their ballots. The government will monitor the situation and respond with targeted measures if necessary.

Proactive Cantons

The ratification of the UN Convention on the Rights of Persons with Disabilities, which entered into force for Switzerland in 2014, played a particularly decisive role in this development.

Several cantons have already initiated reforms in recent years to promote greater inclusion. Geneva, in particular, played a pioneering role by becoming the first canton in 2020 to grant political rights to all people with disabilities. Neuchâtel and Vaud are planning procedures to review on a case-by-case basis instances where the right to vote has been denied.

The proposal involves amending both the Constitution and several federal laws. The public will therefore be called upon to vote. The consultation runs through January 28, 2027.

This proposal is closely linked to the Federal Council’s current efforts to modernize adult protection law, which aim to abolish general guardianship.

Source: www.lenouvelliste.ch/