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Real Decree 422/2011, March 25, That Approves The Regulation On Basic Conditions For The Participation Of Persons With Disabilities In Political Life And Electoral Processes.

Original Language Title: Real Decreto 422/2011, de 25 de marzo, por el que se aprueba el Reglamento sobre las condiciones básicas para la participación de las personas con discapacidad en la vida política y en los procesos electorales.

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TEXT

The Spanish Constitution of 1978 states in its article 9.2 that it is for the public authorities to promote the conditions so that the freedom and equality of the individual and the groups in which he is integrated are real and effective. Article 49 also provides that the public authorities will carry out a policy of integration of persons with disabilities for the enjoyment of the rights that Title I of the Spanish Constitution grants to all citizens. Among these rights is the one recognized in Article 23, which states that all citizens have the right to participate in public affairs directly or through representatives, freely elected in periodic elections by universal suffrage.

In compliance with the aforementioned constitutional precepts, Law 13/1982 of 7 April of the Social Integration of the Disabled was issued, which included a series of measures aimed at promoting the process of inclusion of the persons with disabilities. Subsequently, Law 51/2003 of 2 December 2003 on equal opportunities, non-discrimination and universal accessibility of persons with disabilities (LIONDAU) was adopted which introduced a new concept of universal accessibility based on the design for all and personal autonomy. This concept goes together with the "independent living" model which, as stated in the explanatory memorandum, "advocates a more active participation of these people in the community on a new basis: as citizens of the European Union". rights; active subjects exercising the right to take decisions on their own existence and not mere patients or beneficiaries of foreign decisions. "

Law 51/2003, of December 2, contained in its final provision the fifth a mandate to the Government for the establishment of the basic conditions of accessibility and non-discrimination that must gather the environments, products and services necessary for the participation of persons with disabilities in political life and in electoral processes.

In this line of making accessibility effective, the Organic Law 9/2007, of October 8, of amendment of the Organic Law 5/1985, of June 19, of the General Electoral Regime, amended the second paragraph of article 87 of the " The government, after the Central Electoral Board's report, will regulate a voting procedure for blind or visually impaired persons who will allow them to exercise their right to vote, guaranteeing the secret of vote. " Royal Decree 1612/2007 of 7 December 2007 governing the procedure for the provision of access to the right to vote, which provides for the exercise of the right to vote, has given effect to that legal mandate, and in turn is covered by the The additional provision of the Organic Law 5/1985, dated 19 June, is provided for.

On the other hand, Law 27/2007 of 23 October, recognizing the languages of Spanish signs and regulating the means of support for the oral communication of deaf people, with hearing disabilities and deaf blind, reference in Articles 13 and 22 to the accessibility and political participation of such persons.

The United Nations Convention on the Rights of Persons with Disabilities, ratified by Spain on 23 November 2007 and in force since 3 May 2008, as set out in its article, should also be highlighted. 29 that States Parties shall ensure that persons with disabilities are entitled to the exercise of political rights on an equal footing, inter alia, by ensuring that the procedures, facilities and materials are adequate, accessible and easy to understand and use.

In compliance with the mandate contained in Law 51/2003, of December 2, and without prejudice to the competences that correspond to the autonomous communities, to the local entities and to the electoral administration, the present real Decree approves the regulation governing the basic conditions for the participation of persons with disabilities in political life and in electoral processes.

The regulation approved by this royal decree is structured in three chapters. Chapter I contains the general provisions; Chapter II establishes, on the one hand, a series of forecasts and measures to achieve the accessibility of persons with disabilities in electoral processes, without prejudice to the (a) to make reasonable adjustments to the effect and, on the other hand, positive action measures. In addition, Chapter II is divided into two sections: the first concerns the basic conditions of accessibility and non-discrimination due in all the electoral processes and the second section deals with the specific conditions of the electoral processes whose management is the responsibility of the General Administration of the State. Chapter III provides for measures that can be taken into account by political organizations in order to promote accessibility and non-discrimination for the participation of persons with disabilities in political life.

The present royal decree has been elevated to report to the Ministry of Territorial Policy and Public Administration, to the National Disability Council and to the Central Electoral Board. In its preparation, the representative organizations of persons with disabilities and their families, as well as the autonomous communities and the most representative organizations of local entities at scale, have participated through consultations. national.

In its virtue, on a joint proposal from the Minister of the Interior and the Minister for Health, Social Policy and Equality, with the prior approval of the Minister for Territorial Policy and Public Administration, according to the Council of State and prior deliberation of the Council of Ministers at its meeting on 25 March 2011,

DISPONGO:

Single item. Adoption of the Regulation.

The Regulation on basic conditions for the participation of persons with disabilities in political life and in electoral processes is approved, the text of which is included below.

Additional disposition first. Concurrency of electoral processes and popular consultations.

In the event that electoral processes or popular consultations are held concurrently, the management of which is responsible for the General Administration of the State and one or more electoral processes or popular consultations The two public administrations will work together to ensure that the basic conditions for the participation of people with disabilities in electoral processes and popular consultations are met by the government. Homogeneous, effective and efficient way.

Additional provision second. Reports, studies and guides to good practice.

In the year following the conclusion of each electoral process or popular consultation, the management of which is responsible for the General Administration of the State, an evaluation report will be produced on the implementation of this royal decree. The report will be submitted to the National Disability Council plenary and the Central Electoral Board.

A comprehensive study on accessibility in the electoral processes and popular consultations that took place during the period of time will be conducted after each election to the European Parliament.

Both the assessment report and the comprehensive study will contain references to quantitative and qualitative indicators.

In the light of the conclusions reached in the reports and studies carried out, guides to good practice on accessibility and non-discrimination of persons with disabilities will be developed in order to achieve the participation of persons with disabilities in political life and in electoral processes.

Additional provision third. Disclosure.

The Ministry of the Interior will develop divulgative materials in an accessible format to inform both the electoral managers and the voters with disabilities about the basic conditions of accessibility and non-discrimination. contained in this Regulation.

Single transient arrangement. Deadlines.

1. New environments, products and services, related to the participation of persons with disabilities in political life and in electoral processes, must meet the basic conditions of accessibility and non-discrimination contained in the Regulation approved by this royal decree as from the entry into force of this Regulation.

2. Existing environments, products and services at the time of entry into force of this Royal Decree and any provision, criteria or practice related to the participation of persons with disabilities in political life and in processes They must comply with the basic conditions laid down in the elections for persons with disabilities in the holding of the next elections of deputies and senators in the Cortes General.

Final disposition first. Competence title.

1. This royal decree is dictated by the provisions of article 149.1.1. of the Constitution, which attributes to the State exclusive competence to regulate the basic conditions that guarantee the equality of all Spaniards in the exercise of the rights and in the fulfilment of constitutional duties.

2. The Autonomous Administrations and the Local Government, within the scope of their respective competences, may establish how many accessibility conditions and additional specific measures they consider relevant to promote accessibility and not discrimination of persons with disabilities in electoral processes and popular consultations.

Final disposition second. Powers of development.

The Ministers of the Interior and Health, Social Policy and Equality are empowered to dictate how many provisions are necessary for the development and execution of the provisions of this royal decree.

Final disposition third. Entry into force.

This Royal Decree will enter into force on the twentieth day of its publication in the "Official State Gazette".

Given in Madrid, on March 25, 2011.

JOHN CARLOS R.

The Minister of the Presidency,

RAMON JAUREGUI STUNNED

REGULATION ON BASIC CONDITIONS FOR THE PARTICIPATION OF PERSONS WITH DISABILITIES IN POLITICAL LIFE AND IN ELECTORAL PROCESSES

CHAPTER I

General provisions

Article 1. Object.

The purpose of this Regulation is to regulate the basic conditions of accessibility and non-discrimination that must bring together the necessary environments, products and services for the participation of people with disabilities in life. political and electoral processes.

Article 2. Equal opportunities and non-discrimination.

The Administration will ensure respect for the right to equal opportunities for persons with disabilities in access to the premises and polling stations, and for their non-discrimination.

CHAPTER II

Basic conditions of accessibility and non-discrimination for the participation of persons with disabilities in electoral processes

Section 1. Basic Conditions Required in All Electoral Processes

Article 3. Accessibility of the electoral premises.

1. Access to people with disabilities is guaranteed to local and polling stations.

2. In any electoral process, the municipalities will propose to the Provincial Delegations of the local Electoral Census Bureau accessible to locate the sections and the polling stations. In the event that no accessible premises exist and such an end is justified by the Provincial Delegation of the corresponding Electoral Census Bureau before the competent Electoral Board, the latter shall take the necessary measures to ensure that the Available premises are accessible during the election day.

3. Voters may lodge complaints with respect to electoral premises that do not comply with the legal requirements for accessibility within the time limits and in accordance with the procedure laid down in Article 24 (3) of the Organic Law 5/1985 of 19 June.

Article 4. Election tables, complementary supports and interpreters of sign languages.

1. Public administrations shall provide persons who are deaf or hard of hearing, users of the language of Spanish signs or, where appropriate, of the languages of signs of the autonomous communities, which have been designated as members of the The election table, a free service of interpretation of sign language through the appropriate interpreter, as complementary support during the election day, without prejudice to the right of such persons to excuse the acceptance of the charge Member of an electoral table in the terms set out in Article 27.3 of the Organic Law 5/1985, 19 June.

2. Such persons may apply to the Area Electoral Board for such free service of interpretation of sign language, in writing and within the seven-day period laid down in Article 27.3 of Organic Law 5/1985 of 19 June.

3. The members of the electoral tables shall ensure that voters with disabilities are able to exercise their right to vote with as much autonomy as possible by adopting the necessary reasonable adjustments.

Article 5. Accessibility to the electoral information of an institutional nature.

1. Public administrations ' websites with information on electoral processes must meet the general criteria for accessibility to the content set out in Article 5 of Royal Decree 1494/2007 of 12 November 2007. the Regulation on the basic conditions for the access of persons with disabilities to technologies, products and services related to the information society and the social media is adopted.

2. All institutional information and procedures for which the Office of the Electoral Census is managed shall be accessible.

Article 6. Public election campaign events.

1. The official premises and public places, or any other authorized spaces or enclosures that the municipalities reserve for the free realization of electoral campaign events in the electoral processes whose management is responsible for the administration General of the State shall be accessible.

2. Candidates, political parties, federations, coalitions and the groups of electors who attend an electoral process shall ensure that the electoral campaign is accessible.

Article 7. Election propaganda.

1. Candidates, political parties, federations, coalitions and constituencies will ensure that electoral propaganda is accessible.

2. In the media of free electoral propaganda spaces produced by candidates, political parties, federations, coalitions and groups of voters will be sought to address the specific needs of accessibility of people with disability. Television and radio stations of public and national ownership shall give in such spaces in accordance with the legislation in force.

Section 2-Specific accessibility conditions for electoral processes whose management is responsible for the General Administration of the State

Article 8. Accessibility of the electoral premises.

1. In any electoral process the management of which is responsible for the General Administration of the State, the electoral premises in which the vote is carried out must meet the following conditions:

(a) To be preferably local public ownership and, among these, priority will be given to educational, cultural, sports and recreational centres;

b) Be accessible as provided for in this Regulation; and

c) Dispose of adequate signage of the sections and polling stations, taking into account the technical conditions laid down in the UNE 170002 "Accessibility requirements for tag out" standard, or the standard that replaces it.

2. Electoral premises must have a specific, accessible and appropriate space that ensures the privacy of the voter and that he is as close as possible to the table in which he or she has the right to vote.

3. The General Administration of the State shall design and provide accessible signalling systems for the electoral premises corresponding to each section and election table.

Article 9. Members of election tables and interpreters of sign language.

In the electoral processes and popular consultations the management of which is responsible for the General Administration of the State, the Ministry of Health, Social Policy and Equality will provide the interpreters of language of signs to which it refers Article 4 of this Regulation shall establish the system of financing the services provided by the same to the corresponding members of the electoral bureau.

Article 10. Accessibility to the electoral information of an institutional nature.

1. The institutional campaigns referred to in Article 50.1 of the Organic Law 5/1985 of 19 June, and which the General Administration of the State will broadcast in audiovisual support will use the services of subtitling, audio description, as well as of issue or interpretation in the language of Spanish signs or, where appropriate, in the languages of the autonomous communities ' own signs.

2. The services of telephone attention which, if any, the General Administration of the State will set up will be accessible to all persons with disabilities, in particular the needs of deaf people, with disabilities hearing and deafness.

Article 11. Transport of voters.

In the electoral processes whose management is the responsibility of the General Administration of the State and the absence of public transport accessible to the electoral premises, the General Administration of the State will provide appropriate free transport for persons with motor disabilities who so request, provided that there are budgetary availabilities.

CHAPTER III

Basic conditions of accessibility and non-discrimination for the participation of persons with disabilities in political life

Article 12. Political participation.

The effects of this Regulation will be considered as political organizations as mentioned in Article 44 of the Organic Law 5/1985 of 19 June.

Article 13. Public events and information provided by political organizations.

1. Political organisations shall ensure that their public activities are accessible to persons with disabilities.

2. For the purposes of the above paragraph, political organisations shall endeavour to provide accessible information, wherever possible, inter alia by the following means:

a) Internet Pages.

b) Printed documentation containing your electoral programs or policy proposals in accessible formats for people with disabilities.

c) Call services.

d) Audiovisual Media.

Article 14. Communication on good practice.

Political organizations will be able to bring to the attention of the National Disability Council good practices that in the area of accessibility and non-discrimination of persons with disabilities have made effective.