ОБРАЗОВАНИЕ НАУКА И ИННОВАЦИОННЫЕ ИДЕИ В МИРЕ
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IMPROVING MECHANISMS FOR ENSURING THE RIGHT OF PERSONS
WITH DISABILITIES TO PARTICIPATE IN ELECTIONS
Master’s Student at Tashkent State
University of Law Rayimberganova Dilxiroj Ravshonbek qizi
rayimberganovadilxiroj07@gmail.com
Abstract. This article examines the mechanisms for improving the right of persons
with disabilities to participate in elections, drawing on the experiences of foreign
countries. It discusses the creation of a convenient environment for persons with
disabilities during the electoral process, the provision of technical and organizational
conditions, and mechanisms for ensuring independence and confidentiality in voting.
The study also puts forward proposals and recommendations aimed at increasing the
political activity of persons with disabilities, involving them in the activities of civil
society institutions, ensuring the equal realization of human rights, strengthening social
inclusion, and upholding constitutional justice.
Keywords: Persons with disabilities, disability, convention, Braille, Uzbekistan,
UN, EU, Denmark, Germany, Switzerland, South Korea
INTRODUCTION
Ensuring the rights of persons with disabilities has become one of the most
pressing issues in the world today. The Convention on the Rights of Persons with
Disabilities, aimed at protecting the rights of individuals who require special attention,
has been ratified by many countries. The international ratification of this Convention
by various states calls for the development of systematic approaches to the protection
of the rights of this group of people. In the Republic of Uzbekistan, ensuring human
rights, freedoms, and legitimate interests in practice remains one of the country's most
important tasks. In his speech at the first plenary session of the
Senate of the Oliy Majlis following the elections, President Shavkat Mirziyoyev
stated: “Ensuring the full integration of persons with disabilities into society is
becoming one of the priority areas of state policy. Attracting persons with disabilities
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to all areas of our social life is a top priority for us.” These words confirm that the rights
and freedoms of persons with disabilities are under state protection[2].
As the legislation on ensuring the rights of persons with disabilities continues to
improve, it becomes increasingly necessary to implement significant changes in the
electoral system for this group. This includes organizing consistent reforms aimed at
strategic goals and developing effective scientific-practical and legal approaches.
Therefore, improving the legal framework and guarantees for the electoral rights of
persons with disabilities, and aligning them with international standards, has become a
practical necessity.
In this regard, the importance of attention to youth, including persons with
disabilities, is emphasized in the “Action Strategy” approved by the President of the
Republic of Uzbekistan, Sh.M. Mirziyoyev, its logical continuation—the
“Development Strategy,” as well as in the Presidential Address to the Parliament of the
Republic of Uzbekistan on December 20, 2022. Furthermore, in accordance with the
Presidential Decree dated June 1, 2023, titled “On comprehensive measures to provide
quality social services and assistance to the population and establish an effective
control system,” the National Agency for Social Protection under the President of the
Republic of Uzbekistan was established. For reference, while the number of pensioners
in our country was 466,000 in 2016, by 2024 this number exceeded 2 million. In this
article, based on the experience of foreign countries, mechanisms for improving the
participation of persons with disabilities in elections are discussed. Particular attention
is given to creating a comfortable environment for persons with disabilities during the
election process, providing technical and organizational conditions, and ensuring
compliance with the principles of independence and confidentiality in voting[3].
METHODOLOGY
The following scientific and methodological foundations were selected for
studying the mechanisms ensuring the electoral rights of persons with disabilities:
ОБРАЗОВАНИЕ НАУКА И ИННОВАЦИОННЫЕ ИДЕИ В МИРЕ
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The research analyzed the legal, political, and social mechanisms related to the
electoral rights of persons with disabilities based on a systematic approach.
Additionally, through an institutional approach, the role of state bodies and civil society
institutions in this area was studied[1].
Legal Analysis Method: Normative and legal foundations were studied based on
international and national legal documents (UN conventions, electoral codes,
constitutions).
Comparative Analysis Method: The experience of foreign countries (e.g., the
United States, Germany, South Korea) was compared with the practices of Uzbekistan,
identifying and studying their effective mechanisms.
Empirical Analysis Method: Existing statistics, reports from organizations for
persons with disabilities, and voter participation indicators were analyzed.
Historical Approach: The evolution of electoral rights for persons with
disabilities, including historical development stages, was reviewed.
Sociological Methods: Interviews or social surveys may be conducted to explore
the opinions of persons with disabilities, organizations defending their rights, and
representatives of the Central Election Commission (CEC).
The research relies on the following sources: the UN “Convention on the Rights
of Persons with Disabilities” the European Convention on Human Rights and the EU
experiences, the Constitution of the Republic of Uzbekistan, the Electoral Code, the
“Law on the Rights of Persons with Disabilities,” relevant dissertations, monographs,
scientific articles, and reports from international organizations. The conclusions and
recommendations identified through these methodological approaches can serve to
strengthen inclusivity in Uzbekistan's electoral system, create a favorable environment
for persons with disabilities, and enhance their civic engagement.
ANALYSIS
ОБРАЗОВАНИЕ НАУКА И ИННОВАЦИОННЫЕ ИДЕИ В МИРЕ
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Today, the issue of ensuring the electoral rights of persons with disabilities is at
the center of global attention. Article 29 of the UN Convention on the Rights of Persons
with Disabilities guarantees the right of persons with disabilities to participate in
political and public life. Despite this, many countries—including developing nations—
face difficulties in fully ensuring this right in practice[1].
In the Republic of Uzbekistan, the right to vote is enshrined in Article 128 of the
Constitution and the Electoral Code. Special legal foundations regarding the rights of
persons with disabilities are defined by the UN Convention on the Rights of Persons
with Disabilities and the national Law “On the Rights of Persons with Disabilities.”
These legal documents stipulate the creation of equal opportunities for participation in
elections. However, in some cases, the legislation contains general declarative norms
that are not sufficiently backed by practical mechanisms. For example, while the
Electoral Code provides general guidance on creating accessible conditions for persons
with disabilities, technical conveniences for voting (such as ballots in Braille, audio
devices, mobile ballot boxes, etc.) have not always been fully implemented. In practice,
polling stations often lack essential features such as ramps, elevators, wide doorways,
and adaptive technologies for persons with hearing or visual impairments. Although
positive steps have been taken in some regions, the consistency and quality of these
efforts vary. According to informal public surveys, some persons with disabilities do
not consider it necessary to participate in elections, citing inadequate facilities.
Additionally, a significant issue is that polling station staff are often not specially
trained to work with persons with disabilities, which affects service quality and violates
the principle of equality.
In Germany and Scandinavian countries, voting opportunities for persons with
disabilities are well established. On January 29, 2019, the Federal Constitutional Court
of Germany ruled that excluding approximately 85,000 citizens under guardianship
from participating in elections was unconstitutional. Following the court's decision, the
law was amended to restore the voting rights of individuals
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placed under guardianship due to mental or intellectual disabilities. The
legislation recognized the exclusion of persons with disabilities from elections as a
violation of the law[4]. European President Jyrki Pinomaa stated: “The Constitutional
Court’s decision to end this clear case of discrimination serves as a signal for all
European countries that still restrict the voting rights of people under guardianship.
Following recent positive changes in Spain and Denmark, this is a great day for
democracy in Europe! With the European elections approaching, lawmakers must act
quickly to ensure people with disabilities can cast their votes in May”[5].
In Sweden, mobile voting stations are available for persons with disabilities, and
each citizen’s special needs are recorded prior to the elections. In the United States,
voting equipment is adapted for accessibility, and elections are conducted with the
support of trained assistants. In South Korea, specific infrastructure has been
implemented to support voters with disabilities, such as audio instructions, accessible
entryways for electric wheelchairs, and digital ballots. These measures ensure that
persons with disabilities can exercise their right to vote without discrimination. The
analysis shows that in Uzbekistan, the development of the following mechanisms is of
urgent importance:
The creation of infrastructure at polling stations based on the principles of
universal design.
Introduction of Braille ballots, audio systems, and mobile ballot boxes for voters
with disabilities;
Regular training of election commission staff on working with persons with
disabilities;
Active involvement of organizations of persons with disabilities as partner entities
in the electoral process;
Testing of advanced and inclusive versions of electronic voting systems.
RESULTS
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As of today, the measures implemented in Germany have significantly expanded
the political participation of persons with disabilities. In particular, due to legislative
reforms, more than 85,000 citizens under guardianship were able to
participate in elections for the first time by 2019. The use of Braille templates for
blind voters also yielded positive results, leading to an increase in instances where
visually impaired voters cast their votes independently without needing assistance. At
the same time, Germany's experience reveals that some challenges still persist. For
instance, polling stations located in older buildings remain difficult to fully adapt
— according to a study conducted in 2017, a portion of voters still encountered
physical barriers when accessing polling sites. Nonetheless, overall, Germany is
considered one of the leading countries in Europe in ensuring electoral rights for
persons with disabilities. According to assessments within the European Union,
Germany is among the countries setting an example by providing accessible interfaces
and plain language information on official election websites for persons with
disabilities[6].
In South Korea, rules have been established requiring campaign materials for the
blind to be published in Braille (candidates are obliged to provide Braille brochures).
In addition, election-related videos and debates on national television are broadcast
with sign language interpretation. On the initiative of Kim Ye-ji, the first deaf member
of the National Assembly, proposals have been developed to issue campaign materials
in the form of special web content with QR codes for blind and deaf voters and to
eliminate size restrictions on Braille brochures. Furthermore, South Korea employs a
practice of using portable ballot boxes to allow home voting for citizens with severe
physical disabilities who are unable to leave their homes (upon prior application). This
method has been used for years and helps increase participation among persons with
disabilities. Election commissions also include dedicated disability affairs advisors,
who assist in resolving issues based on complaints and suggestions received from
voters. According to official statistics in South Korea, voter turnout among persons
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with disabilities is relatively high — approximately 70%, which is nearly equal to that
of the general population. This figure is notable; however, there are still qualitative
challenges. Currently, political participation among voters with intellectual or
developmental disabilities remains low. During a press conference held in Seoul ahead
of the 2025 elections,
representatives of the group voiced criticism that "in practice, the voting rights
of citizens with developmental disabilities remain unfulfilled," and called on the
government to take urgent action.
On a positive note, public activism surrounding the political rights of persons with
disabilities has increased in South Korea in recent years, and political parties have
begun paying attention to the issue. Some political parties, such as the Democratic
Party and the Labor Party, have adopted initiatives to produce election campaign
materials in accessible formats for persons with disabilities. In general, South Korea's
experience demonstrates positive dynamics in involving persons with disabilities in
electoral processes, although further improvements in legal norms and enhanced
accessibility measures are still necessary[7].
CONCLUSION AND RECOMMENDATIONS
As an independent and democratic state, the Republic of Uzbekistan has set the
objective of ensuring the political rights of every citizen, including persons with
disabilities. However, based on the conducted analysis, it has been revealed that despite
the presence of relevant normative-legal frameworks in this area, there are still certain
shortcomings in their full implementation in practice and in the creation of a
convenient, inclusive electoral environment. In particular, the lack of sufficient
technical, organizational, and human resource adaptations within the election process,
along with limited accessibility to transparent and open information and approaches
that fail to consider the specific needs of persons with disabilities, present serious
obstacles to the realization of their electoral rights.
International experience—particularly that of European and leading Asian
countries—demonstrates that the creation of special opportunities for persons with
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disabilities increases their political activity, strengthens civil society, and enhances
trust between the state and the public.
Based on the above conclusions and analyses, the following practical
recommendations can be proposed:
Amend the Electoral Code to introduce clear and mandatory provisions for
accessibility for persons with disabilities (e.g., each polling station must be equipped
with ramps, audio devices, and Braille signage as a compulsory requirement).
Establish an "Inclusive Elections Division" under the Central Election
Commission (CEC), which will be responsible for implementing technical aids for
persons with disabilities, staff training, and monitoring activities.
Organize special training programs for polling station staff on communication and
service provision for persons with disabilities to improve the overall quality of service.
Actively involve organizations for persons with disabilities and civil society in
the electoral process, allowing them to participate in monitoring, consultation, and
advocacy activities.
Create dedicated media content on the electoral rights of persons with disabilities,
ensuring it is available in simplified language, sign language, and audio formats.
Develop inclusive versions of electronic voting systems to expand opportunities
for persons with disabilities to vote independently and securely.
Introduce pilot projects based on international experience by testing advanced
technologies at selected polling stations and implementing them nationwide based on
the results.
Ensuring the full realization of the electoral rights of persons with disabilities is
not only a constitutional obligation but also a key condition for building a civil society
grounded in the primacy of human rights. Elections represent the highest form of public
participation, and every citizen—regardless of their physical abilities—must be able to
participate on an equal basis. While Uzbekistan has made certain achievements in this
direction, the incomplete functioning of existing mechanisms, infrastructural
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shortcomings, lack of information, and lingering stereotypes in social consciousness
continue to limit the political activity of citizens with disabilities.
In conclusion, a systematic approach to the realization of electoral rights for
persons with disabilities—based on the alignment of legal and organizational
mechanisms, real measures informed by international best practices, and
transformation in public awareness—can ensure positive outcomes in this field. This
will contribute not only to the empowerment of persons with disabilities but also to the
reinforcement of equality, justice, and democratic principles for the entire society.
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