Affirmative Action for Persons with Disabilities to Ensure the Right to be Elected in General Elections

This research seeks to examine and develop a legal policy grounded in affirmative action to ensure the electoral rights of persons with disabilities in general elections. Utilizing a normative legal framework, the study incorporates conceptual analysis, statutory interpretation, and case law review. The results highlight the critical need for legal policies based on affirmative action to safeguard the right of persons with disabilities to be elected, as this right is intrinsically linked to the right to vote. This endeavor is also part of a broader initiative to empower individuals with disabilities in accordance with the tenth and sixteenth objectives of the 2030 Sustainable Development Goals (SDGs), which aim to reduce inequalities and promote peace, justice, and robust institutions. The implementation of affirmative action-based policies to guarantee the right to be elected for persons with disabilities can be achieved through the revision and amendment of electoral laws, ensuring these individuals not only retain the right to vote but also the right to stand for election. Specifically, with regard to the eligibility of persons with disabilities to be elected, such provisions should apply only to those who are medically and psychologically fit, as confirmed by appropriate health and psychological evaluations. Furthermore, affirmative action measures may include the establishment of a mandatory disability representation quota within legislative bodies, similar to the gender quotas for female representatives. Such policies should be confined to representative roles, particularly those within people’s representative institutions.