Policy Document

VOTING RIGHTS FOR

PERSONS WITH DISABILITIES

Giorgi Noniashvili
November, 2016

Executive Summary

The group of disabled people is an important

part of the electorate. The Ministry of Health esEnvironment and infrastructure is inaccessible timates that persons with disabilities account for
for persons with disabilities in Georgia; public 3% of the total population in Georgia2 , while
space lacks universal design to be usable inde- according to the WHO estimates, more than 10%
of Georgias population experience some form of
pendently and equally by all people.
disability.3
As a result, persons with disabilities (PWD) in
Georgia depend on others, which eventually Article 28 of the Constitution of Georgia guarantees the right to vote4 , i.e. all citizens of Georgia
leads to their exclusion from public space.
have the right to participate in elections on the
In 2013, Georgia ratified the UN Convention basis of their free will and express their prefon the Rights of Persons with Disabilities1 (the erence for a candidate by voting. Article 29 of
Convention). The Convention brings together all the Constitution also protects passive suffrage,
contemporary principles and norms that ensure allowing individual citizens to participate in elecequal access to environment at all levels, includ- tions as electoral subjects/candidates and be
ing with regards to active and passive voting suf- elected.5 In addition, principles of equality, universality and direct suffrage are enshrined in the
frage.
Constitution.6
The present policy document assesses the disability rights situation in Georgia with respect to The above Constitutional provisions are funelectoral processes. It provides an account of damentally important for realization of political
voting obstacles that prevents disabled people rights and for having a democratic society.
from exercising their voting rights and analyzes
the extent to which the Georgian standards are In the history of independent Georgia, adequate
harmonized with the Convention. The policy doc- conditions and legal guarantees for participation
ument addresses participation of persons with of persons with disabilities were absent for a
disabilities in the fall 2016 parliamentary elec- long time, which made it impossible for PWD to
exercise their constitutional right to vote.
tions.

Participation of persons with disabili- In 2001, the Parliament of Georgia adopted the
7
ties in electoral processes the legal Election Code , which defined rules for conduct
of elections. By virtue of the Election Code, each
framework
PWDs have to overcome many barriers to take
part in elections. Due to inaccessible environment they are mostly excluded from the electoral
processes, which eventually leads to inadequate
participation of some citizens in political life in
Georgia.

and every citizen of Georgia was entitled to active and passive suffrage, on equal basis with
others8 but the Code made no mention of creating accessible environment for persons with
disabilities in order to promote their participation
in electoral processes. It merely defined persons
without legal capacity that had been deprived of
active and passive suffrage.9

1. The UN Convention on the Rights of Persons with Disabilities; the Parliament of Georgia; 27 December 2013. https://matsne.gov.ge/ka/document/view/2164946
2. The Ministrys estimates are based on the information about 118 651 PWD registered for the states social assistance in Georgia (as of March 1, 2015), while the
obligation to collect comprehensive research data stipulated by Article 31 of the Convention is yet to be fulfilled.
3. PWD statistics in Georgia, Institute for Development of Freedom of Information; 7 May 2015; https://idfi.ge/ge/statistics-of-persons-with-disabilities
4. The Constitutional Law of Georgia the Constitution of Georgia; Parliament of Georgia; Article 28; 25 August 1995; available at: https://matsne.gov.ge/ka/document/
view/30346
5. Ibid. Article 29
6. Ibid. Article 49
7. The Organic Law of Georgia the Election Code of Georgia; the Parliament of Georgia; 22 August 2001 10 January 2012, available at: https://matsne.gov.ge/ka/
document/view/15622
8. Ibid. Article 4; Article 6;
9. Ibid. Article5

Although the Code upheld the principles of

equality and universality established by the Constitution, in practice it did nothing to promote participation of persons with disabilities in electoral
processes.
Voters with disabilities were facing obstacles in
all aspects of the electoral processes, from accessibility of polling stations to working in electoral commissions, running as candidates, casting ballots, etc.
By virtue of the new regulations introduced in the
Election Code in 2003, only those voters with
disabilities that needed someones assistance to
get to a polling station were entitled to use a
mobile ballot box.10
The new regulations also introduced the first
ever provision about accessibility of polling places in the Election Code. By virtue of Article 50,
local self-government authorities were obligated
to ensure temporary and simple adaptation of
the polling place if there were disabled voters
using wheelchairs in the election precinct who
filed the relevant applications with the PEC no
later than the 25th day prior to the Election Day.11
These regulations addressed needs of disabled
voters in wheelchairs but ignored needs of voters
with limited mobility.

visions about keeping disabled voters informed

about pre-election process. In particular, the
Code mandated the public broadcasters use of
sign language and other special technologies
to provide voters with hearing impairments with
information about activities of electoral commission, setting up of electoral precincts and districts, electoral subjects, election platforms and
other elections-related matters.13
After enactment of new regulations on June 23,
2006, disabled voters with visual impairments
no longer had to file applications with the CEC
ahead of time (no later than the 45th day prior to
the elections) in order to be able to use a special
ballot.14
In 2011, the Parliament of Georgia adopted a
new Election Code.15 The Code allowed participation of voters with disabilities through a mobile
ballot box but unlike the previous Code, any voter with disability (as opposed to only voters that
needed assistance to get to a polling place) was
entitled to mobile voting after filing a corresponding application with the PEC two days ahead of
time.16

In addition, the new Code continued to recognize

the need for temporary and simple adaptation of
the polling place if there were disabled voters using wheelchairs in the election precinct who filed
In addition, the above regulations provided spe- the relevant applications with the PEC no latcial ballots for voters with visual impairments to er than the 25th day prior to the Election Day.17
allow them to mark ballot papers independently. As to disabled voters with visual impairments,
In order to receive the special ballot, a voter with the Code mandated use of special technologies
visual impairments should have filed the relevant to allow these voters to mark their ballots indeapplication with the CEC no later than the 45th pendently.18
day prior to the elections.12
The new Election Code no longer included a
In addition to the above regulations that applied stipulation that obligated the public broadcastto the Election Day, the Code also contained pro- er to use sign language for keeping voters with
10. The Organic Law of Georgia Amendments and Supplements to the Organic Law of Georgia the Election Code of Georgia; the Parliament of Georgia; 14 August
2003; Article 11; https://matsne.gov.ge/ka/document/view/12916;
11. Ibid. Article 50
12. Ibid. Article 51
13. Ibid. Article 66
14. The Organic Law of Georgia Amendments and Supplements to the Organic Law of Georgia the Election Code of Georgia; the Parliament of Georgia; 23 June
2006; Article 51; https://matsne.gov.ge/ka/document/view/27940;
15. The Organic Law of Georgia the Election Code of Georgia; the Parliament of Georgia; 27 December 2011; https://matsne.gov.ge/ka/document/view/1557168;
16. The Organic Law of Georgia the Election Code of Georgia; the Parliament of Georgia; 27 December 2011; Article 33, para.1; https://matsne.gov.ge/ka/document/
view/1557168;
17. Ibid. Article 58;
18. Ibid. Article 63, para.2

hearing impairments informed about election is- of the polling place. In addition, the above norm
sues, like it was mandated in the Election Code treated voters with disabilities unfavorably compared to other voters.
prior to 2011.
More recent regulations that are in effect in 2016
about voters with disabilities envisage:

possibility to set up a special polling station in a boarding house for persons with disabilities;19

use of special technologies in the polling
station to allow disabled voters with visual impairments to mark their ballots independently;20

adaptation of polling stations for the Election Day, if possible, by local self-government authorities, to ensure universal accessibility;21

accompanying political/pre-election advertisement broadcasted by media with the sign language translation;22

the Public Broadcaster must arrange for
sign language translation for its programs about
elections during the election campaign period.23
Today voters with disabilities no longer have
to file an application with electoral commission
ahead of time to request adaptation of a polling
place and/or provision of a special ballot paper
for voting. As noted earlier, these obligations and
corresponding timeframes were established by
the Election Code and they negatively affected voting rights of voters with disabilities. This
meant that voters with disabilities were unable
to participate in elections unless they notified the
electoral commission ahead of time about their
desire to do so, i.e. voters with disabilities could
not participate in elections if they made a post
factum decision about it. Often voters with disabilities were not ware of their obligation to notify
the electoral commission about their wish to participate in the elections and request adaptation
19.
20.
21.
22.
23.
24.
25.

Regulations about voting through a mobile ballot

box have also been changed. While according
to the old regulations all voters with disabilities
were eligible for mobile voting, currently the mobile ballot box is available for voters unable to
visit the polling station due to health problems.
Current provision is much more positive and applies to a larger group of individuals both voters with disabilities and individuals that are not
categorized as PWD. The existing provision no
longer promotes differential treatment of persons
with disabilities. Instead, it promotes participation
of group of persons with disabilities that are able
to visit the polling place.

Strategic vision about the problem

In 2013, the Parliament of Georgia ratified the
UN Convention on the Rights of Persons with
Disabilities24 and by doing so the state committed itself to the UN standards about disability
rights.
The Convention addresses, among other things,
participation of persons with disabilities in election and inclusive electoral environment. It stipulates that state parties should guarantee to persons with disabilities rights and the opportunity
to enjoy them on an equal basis with others. To
this end, the state parties should undertake to:25
a) Ensure that persons with di sabilities can effectively and fully participate in political and public life, including the right and opportunity to vote
and be elected:

voting procedures, facilities and materials
must be appropriate, accessible and easy to understand and use;

Ibid. Article 23, para.4

Ibid. Article 63, para. 2
Ibid. Article 58, para. 1
Ibid. Article 50, para. c
Ibid. Article 51, para. 7
The UN Convention on the Rights of Persons with Disabilities; the Parliament of Georgia; 27 December 2013. https://matsne.gov.ge/ka/document/view/2164946
Ibid. Article 29


the right of persons with disabilities to
vote independently, without interference of others must be protected, and their right to stand for
elections, to effectively hold office and perform
all public functions at all levels of government;

eo about election procedures will be accompanied with sign language translation and broadcasted by the public broadcaster;

in 1077 electoral precincts, tablet computers will be used to distribute a video about
election procedures, accompanied with sign language translation;

free expression of the will of persons with
disabilities must be guaranteed. Assistance in
voting by a person of their own choice should be
allowed where necessary.

in 2207 electoral precincts, participation of
voters who are blind will be facilitated;
b) Persons with disabilities should be able to
effectively and fully participate in the conduct
public information campaign will be carof public affairs, without discrimination and on ried out to increase participation of PWD in politequal basis with others:
ical and community organizations.27

they should be able to participate in activities and running of political parties, non-governmental organizations and association;

persons with disabilities should be represented at international, national, regional and local administrative levels.
In observance of the above principles, the government of Georgia should create national standards by designing a legislative framework and
strategic documents to improve disability rights.
To this end, it is important to analyze the states
action plans about participation of persons with
disabilities in electoral processes.
The Action Plan for Equalization of Opportunities
for Persons with Disabilities 2014-201626 envisaged improvement of disability rights situation
and participation of PWD in public life. According
to the action plan:

In addition, in 2016 the government started developing the Action Plan for Protecting Human
Rights 2016-2017 with participation of civil-society organizations.
Final draft of the human rights action plan was
approved by the Government of Georgia on June
13, 2016. The Action Plan provides a set of measures for improving, inter alia, disability rights in
order to facilitate participation of persons with
disabilities in political and public life.
According to the Action Plan, in 2016-2017:

official website of the CEC will be adapted
for voters with visual impairments;

votes with visual impairments will be provided with elections-related information in audio
format (political party platforms, list of candidates);

for voters with mobility impairments, 1240
PEC members will be trained about norms
temporary or permanent ramps and 1150 spe- of conduct towards voters with disabilities on the
cial booths will be installed at polling stations in Polling Day;
2014-2016 for PWD;

polling places will be equipped with spe
for voters with hearing impairments, a vid- cial assistive devices for voters with disabilities:
26. The Decree of the Government of Georgia no.76 about adoption of the Action Plan for Equalization of Opportunities for Persons with Disabilities 2014-2016; the
Government of Georgia; Chapter XI; January 20, 2014; http://www.moh.gov.ge/files/shshmp/2.pdf
27. The Decree of the Government of Georgia on the approval of the draft of the Governmental Action Plan on Protection of Human Rights 2016-2017 and the Report
on Implementation of the Governmental Action Plan for Protection of Human Rights 2014-2015; Chapter 19; the Government of Georgia; 13 June 2016. https://matsne.
gov.ge/ka/document/view/3315211

adapted cabins and special magnifying lens;

pre-election processes. The action plans mirror this position; moreover, majority of issues
In addition, the CECs Strategic Plan of the Elec- addressed by these documents is related to
toral Administration of Georgia 2015-2019 ad- improvement of PWD situation with respect to
dresses the goal of creating inclusive environment their participation in pre-election processes (e.g.
for elections28 and pledges to give maximum providing sign language interpretation for underconsideration to needs of voters with disabilities standing electoral procedures, adapting the CEC
in the process of equipping polling stations, to website to PWD with vision impairments, etc.).
adapt the official CEC website to needs of voters
with visual impairments, develop and implement However, participation of persons with disabilipublic awareness/education programs for voters ties in the election processes goes beyond the
with disabilities, raise PWD awareness about elections-related issues (adapted polling staservices available to voters with disabilities with- tions, cabins, sign language interpretation, etc.).
in the CEC public information campaigns.
Exercise of the voting rights by PWD requires
providing access to general environment.
To this end, according to the CEC Action Plan
201629 , number of special voting booths will be For instance, participation in elections requires
increased, each polling station will be provided having access not only to the polling station but
with at least 1 magnifying lens, information and also to the road and the transport to the polling
education materials will be developed for voters station, to pedestrian crossings and underground
with disabilities, information meetings about ser- walkways.
vices available for voters with disabilities will be
held and a minimum of 800 polling stations will Therefore, ensuring PWD access to the environbe adapted.
ment is a comprehensive issue and requires joint
efforts across different levels of governments.
Clearly, the above action plans aim to improve PWD participation in political and social life canthe situation of persons with disabilities regard- not be guaranteed only by changing facilities at
ing their participation in political and social life; the polling station.
however, measures provided in these action
plans are insufficient to achieve the goal of full The government action plans provide measures
PWD participation in the election processes.
for improving access to environment, which is a
necessary precondition for realization of political
The Action Plan for Equalization of Opportunities rights of persons with disabilities. It is important
for Persons with Disabilities 2014-2016 provides to evaluate the challenges that PWD face for full
clear indicators for measuring outcomes30 , while and independent participation in the election proother documents31 provide general statements cesses.
about participation of PWD in the election process (e.g. trainings, adapted cabins, etc.) and no Active Suffrage
specific benchmarks to gauge the success for
instance, the number of adapted voting booths a) Access to information about the pre-electhat needs to be installed to accomplish the goal tion processes
is unspecified.
Access to means of communication (TV and raParticipation of PWD in the election processes dio broadcasters, print media, electronic sourcincludes, among other things, participation in es of information) is important for realization of
28. The Strategic Plan of the Election Administration of Georgia; the Central Elections Commission; 2015; http://www.cesko.ge/res/docs/2016040418352632291.pdf
29. The Action Plan of the Election Administration 2016; the Central Elections Commission; 2016; http://www.cesko.ge/res/docs/2016040418385832290.pdf
30. See p.8
31. The Action Plan for Protection of Human Rights 2016-2017;
The Strategic Plan of the Election Administration of Georgia;
The Action Plan of the Election Administration 2016.
5

active voting right for PWD. The level of awareness about political processes defines the ability
of individuals to make an independent choice in
elections.

and the responsible agency is the Central Election Commission. The CEC has not made any
steps in this direction and it is ambiguous how it
plans to provide the audio information to voters
with visual impairments.

Most obstacles in this regard are faced by voters

with hearing impairments and therefore with poor
access to information. Unlike voters with visual
impairments, they are not able to receive information from different TV and radio broadcasters,
while online publications and electronic media
are inaccessible for both categories of voters.

Getting elections-related information by electronic means needs to be addressed separately. Lack

of access of PWD to standard electronic format
means their lack of access to privately-owned
media outlets and electronic websites of political
parties and government agencies.

Today information broadcasted by the public

broadcaster is partially accessible for disabled
voters with hearing impairments. The public
broadcaster provides sign language interpretation and closed captioning during news programs
2 or 3 times a day. This allows them to receive
information about election issues and political
parties. In addition, political advertising aired by
public and private broadcasters is accompanied
by sign language interpretation.

Information about certain elections-related issues can be obtained from the CEC website.
The website says that it is adapted but so far,
it is only partially accessible - it can be used
by partially sighted voters, while voters who are
blind can access the website only with a special
software.32 We welcome that the CEC has begun to adapt its website but it needs to be technically improved; otherwise, the action cannot be
accomplished.

We welcome that for the 2016 parliamentary

elections, statements made by the CEC on air
about course of the elections, violations, party
results and other electoral issues were accompanied by sign language interpretation.

Access of persons with disabilities to information

published by state institutions in electronic form
is important.33 Today the information published
by institutions funded from the state budget is
not adapted to needs of PWD. Voters with disabilities have no access to, among other things,
the public broadcasters website.

In its Action Plan for Equalization of Opportunities for Persons with Disabilities 2014-2016, the
government pledged to conduct a public information campaign to raise awareness of voters
with disabilities about electoral procedures. It is
safe to say that this action has been completed,
considering that videos about electoral procedures aired by the public broadcaster and privately-owned broadcasters are accompanied by
sign language interpretation.
The Action Plan for Protection of Human Rights
2016-2017 envisages provision of audio information about electoral issues (party platforms, list
of candidates) to voters with visual impairments,

Political party websites remain inaccessible for

blind or partially sighted voters. Three political
subjects the Georgian Dream, the United National Movement and the Republican Party have
made their platforms accessible. Blind and partially sighted voters can read their platforms using special software. However, these voters will
not be able to independently access the election platforms since they need someones help
to download the platforms from the political party
websites.34
We must also note the electronic web-portal par-

32. We must note that there is no local standard for a comprehensive evaluation of accessibility of websites for PWD
33. As clearly demonstrated by the website of the Georgian Legislative Herald an important source of legislative information (including on election matters). It is not
accessible for PWD.
34. E-magazine Liberali; the Georgian Dream has made its platform accessible for voters who are blind; September 11, 2016; http://liberali.ge/news/view/24564/qartulma-otsnebam-saarchevno-programa-usinatloebistvis-misatsvdomi-gakhada
35. The project is implemented by the Netherlands Institute for Multiparty Democracy (NIMD) in partnership with the CEC and the Union of the Blind. http://partiebi.ge/
6

tiebi.ge, a project of NIMD.35 It provides a summary of party platforms, including their stance
on social, economic, political issues. The website
is accessible for persons who are blind and the
information on the website is available in print
and audio formats, which is important. The portal
is also accessible using additional, special software.
To summarize, voters with hearing impairments
have access to information about election contestants and their platforms from the public
broadcasters news programs accompanied by
sign language interpretation, from pre-election
advertisements of political parties and from information available online. As to voters with visual impairments, they have access to information
from TV and radio broadcasters and a limited
access to electronic media.
b) Inaccessible environment
The pre-election period entails meeting of political parties and their representatives with voters.
One of the goals of the Action Plan for Equalization of Opportunities for Persons with Disabilities
is improving PWD participation in political and
social organizations.
Full participation of PWD in the election processes requires their access to pre-election public
meetings of political parties, both indoors and
outdoors. During such meetings, voters receive
information about platforms of contestants, about
candidates, any future events, etc. Therefore, for
realization of active suffrage of voters with disabilities, their access to public events organized
by election contestants should be ensured.
However, even if access to campaign meetings
and polling stations is improved, PWD still face
voting obstacles. In order for persons with disabilities to be able to exercise their constitutional

voting right in a full and dignified manner, general environment and facilities should live up to
contemporary standards of accessibility, including the principles stipulated by the Convention.
Today majority of public and private areas remains inaccessible to persons with disabilities
in Georgia. Norms36 of universal and adapted
environment are rarely used, even though corresponding guidelines37 exist since 1999.38
Based on the principles of the Convention, state
parties should create conditions that promote independent living of persons with disabilities. The
environment should be universally designed and
accessible for any individual on equal basis with
others.
Georgia is facing important challenges in this regard. Projects that aim to improve accessibility
are small-scale and ineffective. For instance, angle of ramps installed on pedestrian crossings
and underground walkways in Tbilisi is too steep,
which renders them practically useless; due to
absence of relevant construction regulations,
there are no cues for orientation of blind people
in the streets; public transportation is inaccessible for people with disabilities; administrative
buildings are inaccessible for PWD in wheelchairs and with impaired physical mobility, etc.
Due to the lack of accessible environment, mobile groups39 were created to transport voters
with disabilities40 to polling stations during previous elections; special means of transportation
were provided. On the polling day, a minibus visited and collected persons with disabilities, drove
them to the polling station together and returned
them back home after voting. However, because
the bus was not adapted, PWD needed someones assistance to get on the bus.
The state came up with the above solution to

36. Decree of the Government of Georgia on Approval of Technical Regulations for Spatial Arrangement and Architectural Planning for Persons with Disabilities; the Government of Georgia; 6 January 2014; https://www.matsne.gov.ge/ka/document/view/2186893
37. Decree of the Minister of Georgia N59 on Adoption of Instruction for Normals of Planning Elements of Residential and Public Buildings for Invalids and Instructions for
Designing A Viable Space for Invalids; Ministry of Urbanization and Construction; 8 November 1999; https://www.matsne.gov.ge/ka/document/view/50032
38. The policy document does not aim to produce an in-depth analysis of accessibility of environment and infrastructure. Rather, it provides an overview of accessibility
of environment within the context of electoral processes;
39. The CEC set up a hotline for provision of the service. Persons with disabilities had to call the hotline ahead of time.
40. Mostly voters in wheelchairs;

help PWD realize their active voting right but this

is not an appropriate solution, considering that
voters with disabilities were unable to choose
themselves when to go to the polls.
For the October 2016 parliamentary elections,
the CEC no longer offered the transportation for
PWD. Measures like these keep disabled people
separated from rest of the society, which further
deteriorates their exclusion from political and social life.

More importantly, the above 1115 polling stations

can only be formally called adapted since the
past election experience has shown that PWD
need assistance to use majority of these ramps.42
In addition, there are no tactile signs for orientation of blind voters in polling stations.

PWD encountered similar problems at polling

stations considered to be adapted for the 2016
parliamentary elections include: most ramps cannot be used independently, buildings housing the
polling stations are not adapted and fall short of
Meeting the contemporary standards for spatial accessibility standards; special booths installed
organization and architectural planning elements in some polling stations are inaccessible for
is an important precondition for enabling PWD to some PWD these are the problems persons
get to the polling station, to political party events with disabilities highlighted the most.
and participate in other elections-related activities. Clearly, ensuring accessibility to a polling We must also note the issue of special booths.
place will be futile if voters with disabilities can- According to the CEC, special booths have been
not get to the polls or encounter important obsta- installed in 1115 out of 3634 polling stations.
cles to getting to the polls.
c) Accessibility of polling stations
Obstacles that PWD encounter on the Election
Day are the biggest challenge.
For the October 2016 parliamentary elections,
there were a total of 3634 polling stations set up
by the CEC. According to the official CEC data,
only 1115 polling stations were adapted41 , while
according to the Action Plan for Equalization of
Opportunities for Persons with Disabilities 20142016, 1240 polling stations should have been
equipped with temporary or permanent ramps.
The above goal is yet to be reached as 70%
of polling stations are not adapted. Frequently
majority of voters with disabilities are unable to
access these polling stations for instance, a
polling station can be set up on the second floor.
Further, majority of the adapted 1115 polling stations were adapted outside the Action Plan 20142016 since most polling stations are located inside public schools that already have ramps.

These special low-level polling booths are often

insufficient to ensure that all voters with disabilities are able to cast their votes comfortably for
instance, weak construction of polling booths that
offers no solid support is problematic for voters
with mobility impairments.In addition, installment

41. Including equipped with special polling booths;

According to the CEC, compared to the 2012 parliamentary elections, the number of adapted polling stations has grown ten times;
E-magazine Liberali October 7, 2016; http://liberali.ge/news/view/25055/tamar-zhvaniam-archevnebis-mzadebis-protsesis--shemajamebeli-brifingi-gamarta
42. Angle of ramps is too steep, making it impossible to move up the ramp in a wheelchair. In addition, often surface of a ramp and a railing are not properly designed.

of special polling booths is a visible example of

separation of PWD from other citizens.

the building (spaces for mobility, restrooms, etc.).

Physical accessibility includes access by PWD in
wheelchairs and with limited mobility.

Clearly, in order to comply with the principles of

universal design, polling booths that are equally Currently majority of adapted polling places
accessible for disabled and nondisabled voters and outside facilities cannot be accessed indeshould be installed.43
pendently by PWD.44
During the 2016 parliamentary elections, frames/
forms for marking the ballot paper was provided
to blind voters and partially sighted voters to ensure their independent participation in elections.
We welcome provision of the frames/forms in
all polling stations; however, the parliamentary
elections showed that instructions on how to use
these frames/forms were not properly delivered
and in some cases, blind and partially sighted
voters had difficulty using the aid.
ISFEDs observers with disabilities encountered
the following identical challenges in the process
of monitoring the October 8, 2016 parliamentary
elections at polling places deemed to be adapted
by the CEC:

temporary or permanent ramps were not
compliant with the applicable standards; it was
impossible to use the ramps independently;

individuals with limited mobility were having difficulty accessing the building independently; in addition, movement inside most buildings
was impossible for individuals with limited mobility;

no tactile signs for blind or partially sighted voters;

no or inaccessible restrooms.

Accessibility is not defined by installment of a

ramp, even if it meets all applicable standards.
Rather, accessibility is defined as the ability to
enter the place, easy access by transport, reserved parking and accessible facilities inside

We must note that the governments efforts to

adapt polling places is mostly targeting PWD in
wheelchairs. According to the past experience,
accessibility of a polling place is defined by installment of ramps for PWD in wheelchairs.
Based on the principles established by the Convention and the principle of equality and universality of elections, the state should implement a
comprehensive accessibility policy and arrange
polling stations in a way that ensures equal access by all voters with disabilities.
d) Participation in polling procedures
PWD can participate in the electoral processes
by serving as a PEC member or an observer.
Strict compliance with standards about spatial
organization and architectural planning of environment (including about accessibility of polling
stations) is especially important to facilitate the
involvement of people with disabilities in electoral commissions and observation missions. This
will allow PWD to actively participate in political
and social movements, monitoring missions and
the work of the electoral commission. The Action
Plan for Equalization of Opportunities for Persons with Disabilities addresses the issue45 but
the state has not made any steps in this direction.
Ensuring active suffrage for persons with disabilities has been the subject of many discussions
over the recent years between the civil society
and representatives of the government but participation of PWD in the electoral commission

43. There is no document in Georgia that would provide standards for voting aids;
44. Independent mobility should be ensured for persons with disabilities inside the building. Often floor surface is not smooth enough, there are no tactile signs for orientation of blind voters, and standards about clear width, hardware and maneuvering space of accessible doors are not met; special handles and support surfaces are
lacking in restrooms.
45. The Action Plan envisages a public information campaign to improve participation of PWD in political and social organizations.
46. International Society for Fair Elections and Democracy (ISFED); Final Report of Monitoring the 2014 Local Self-Government Elections, available at http://www.isfed.
ge/main/777/geo/;
9

and observation missions is rarely addressed. It

was never a priority during any of the past elections.
Support of NGOs with election monitoring missions is important for PWD participation in the
polling procedures. ISFED had PWD among its
observers for the presidential elections in 2013,
the local self-government elections in 2014 and
the parliamentary elections in October 2015.46
Currently persons with disabilities have limited
opportunities for participation in the work of the
electoral commission or monitoring missions because of:
-
the lack of accessible environment and
therefore, lack of independent mobility;

opportunities for participation of PWD in political life, the state should ensure accessibility of
environment and uphold the social approaches
stipulated by the Convention.
Creating equal conditions for participation in political life in Georgia will result in greater visibility of different socially vulnerable groups and in
greater involvement of PWD in political and social life, including in the election processes.
Realization of passive suffrage by PWD will help
them make their voice be heard when it comes
to political and social agendas, and will promote
initiatives that aim to improve disability rights situation.

Assisted Voting

-
lack of accessibility at polling stations; fail- Persons with mental and intellectual disabilities
ure to comply with the standards of accessibility were able to cast their votes for the first time in
of buildings;
the October 2016 parliamentary elections, as a
result of the new standards introduced by the
-
lack of accessibility of areas where future Constitutional Court and the reform of the legal
observers or PEC members are equipped with capacity system.
relevant skills.
Currently individuals who were declared legalPassive Suffrage
ly incapacitated by court before April 1, 2015,
and have not been designated as beneficiaries
There are several preconditions for participation of support before the Election Day, have no acof PWD in political parties and public movements. tive voting right; so are the individuals who have
Persons with disabilities encounter far more ob- been placed in a mental institution.47
stacles than persons without disabilities due to
inaccessible environment and facilities.
It is important to note that the system of support
provided to persons with mental and intellectuFor many years, the state practiced the so-called al disabilities is different from substituted decimedical approach towards PWD, which segre- sion-making and from making any type of choice,
gated them from rest of the society. The medical including elections-related choice, instead of him/
approach perpetuated stereotypes about lack of her.
capacity of people with disabilities to be active
participants of political and public life, stripping An individual providing support to a person with
them off their passive suffrage.
disability can assist him/her with, inter alia, realization of the active voting right if the latter
Today persons with disabilities rarely exercise wishes to for instance, help the PWD visit the
their passive voting right. To create meaningful polling station, undergo the voting procedures,

47. The Organic Law of Georgia the Election Code of Georgia; the Parliament of Georgia; 27 December 2011; Article 185, para. 11; https://matsne.gov.ge/ka/document/
view/1557168

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assist him/her with casting a ballot, etc.48

Informing members of electoral commission
about the meaning and importance of assisted
voting promotes participation of voters with mental and intellectual disabilities in elections. It is
also important to inform the supporter/caregiver
about his/her role in realization of the active voting right of the individual concerned.
The CEC is yet to evaluate whether persons with
disabilities, who are beneficiaries of support, participated in the elections and if they encountered
any obstacles.

Conclusion and Recommendations

Persons with disabilities encounter voting obstacles in all stages of the election process, which
prevents them from exercising their Constitutional right to vote in an independent and dignified
manner. From qualitative perspective, the most
important challenge in the lack of accessible environment. Failure to meet the standards about
spatial organization and architectural planning
renders the polling place inaccessible for PWD
and deprives them from their voting rights.

access to environment for every individual, on

equal basis with others.
Similar challenges are evident in terms of access
to different formats of communication. The only
format of communication used to provide information to persons with disabilities in accessible
form is sign language, which targets one particular group of PWD persons with hearing impairments that speak sign language. This is inadequate for ensuring access of PWD to different
means of communication. The state should focus
on the use of alternative technologies to cover
a larger group of disabled people. It should use
alternative formats of communication and technologies other than sign language e.g. closed
captioning.
We welcome several recent initiatives, including
changes in regulations about the mobile ballot
box. By allowing only voters that are unable to
visit the polling place due to health problems
remedied the practice of positive discrimination,
when any voter with disabilities was eligible for
mobile voting.

We also welcome the measures foreseen by

the Action Plans, including increased number
of adapted polling stations, provision of special
In addition, local regulations about organization magnifying lenses and frames/forms at polling
of physical environment are yet to be harmonized stations, provision of sign language interpretawith the contemporary standards of accessibili- tion by the public broadcaster and other future
ty, principles of reasonable accommodation and measures that will increase participation of voters with disabilities in elections. However, ceruniversal design stipulated by the Convention.
tain other issues need to be addressed to ensure
The present policy document clearly illustrates full accessibility of PWD to the election process.
that the states approach towards involvement This is also illustrated in the Public Defenders
50
of PWD in the election process often falls short special report.
of the requirements of Article 29 of the Convention.49 The applicable legislative framework and The Action Plans have raised certain questions.
measures that have been taken so far are inade- They lack concrete indicators for measuring the
quate for protecting the right of persons with dis- progress and the outcomes. Quantitative or fiabilities to participate in political and social life, nancial indicators need to be designed.
as guaranteed by the Convention. For instance,
the states policy fails to ensure fulfillment of Issues summarized in the policy document clearprinciples of the Convention that envisage equal ly illustrate that realization of the voting rights of
48. Participation of Beneficiaries of Support in the 2016 Parliamentary Elections; Partnership for Human Rights (PHR) http://phr.ge/home/content?content_id=417
49. The UN Convention on the Rights of Persons with Disabilities; Article 19 - Living independently and being included in the community; the Parliament of Georgia; 27
December 2013. https://matsne.gov.ge/ka/document/view/2164946
50. The Public Defender of Georgia, Rights of Persons with Disabilities, p.6; 2014 http://www.ombudsman.ge/uploads/other/3/3289.pdf
51. For instance, inaccessibility of municipal transport and pedestrian crossings for persons with disabilities
11

persons with disabilities requires far more than

implementation of measures within the election
process. The issue is rather comprehensive and
depends on other factors that may not be directly
related to elections.51
There have not been any substantial improvements in the disability rights situation for greater
participation of PWD in the October 2016 parliamentary elections. Challenges were evident both
in the pre-election process and on the Polling
Day; however, we welcome the training of electoral commission members about PWD needs,
provision of special magnifying lens and frame/
form at polling stations and the CECs use of
sign language during their official statements
about the elections process.
In light of the challenges discussed in the present paper, we designed the following recommendations for ensuring access of people with disabilities to the election processes:

Based on the UN Convention on the
Rights of Persons with Disabilities, the Government of Georgia should create corresponding
guidelines/comprehensive vision about participation of PWD in elections;

The Parliament of Georgia should adopt
amendments to the Election Code to mandate
adaptation of every single polling place by ensuring not only ramps but also all elements of
spatial arrangement and architectural planning
that will allow PWD to access the polling place
without the help of others;

The central and the local authorities
should ensure access of people with disabilities
to municipal transport and roads; adaptation of
the environment should be based on the standards about elements of spatial organization and
architectural planning;

The Government of Georgia should develop clear indicators about elections-related issues
in the Action Plans to allow measuring of outcomes;

The CEC website should be fully adapted;

The CEC should promote participation of
PWD in electoral commissions;

The public broadcaster should adapt their
website, including in a way that allows its use by
blind persons;

The CEC should develop standards about
use of voting aids, including universally designed
voting booths;

The CEC should educate voters about
use of the special magnifying lens and the frame/
form;

Political parties should ensure accessibility of their websites and election platforms for
PWD.

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