Between December 2025 and February 2026, Validity submitted three written contributions to the United Nations Human Rights Committee (the ‘Committee’) ahead of its 145th session, scheduled to take place from 2 to 19 March 2026.
During the session, the Committee will consider the fourth periodic report of the Republic of Moldova, and is expected to adopt the so-called “List of issues prior to reporting” for Czechia and Hungary. The former will result in the adoption of recommendations (i.e. concluding observations) for Moldova, the latter will guide states in preparing focused reports to the Committee.
Concerning the Republic of Moldova and Hungary, Validity sent submissions regarding the implementation of Article 25 of the International Covenant on Civil and Political Rights, which guarantees the right and opportunity to vote and to be elected for every citizen without unreasonable restrictions. Previously, the Committee said that “established mental incapacity may be a ground for denying a person the right to vote or to hold office.” In other words, it was envisaged that the existence of a psychosocial disability or intellectual disability may in some circumstances be seen as a justifiable reason to restrict a person’s right to political participation.
Since both Hungary and Moldova allow for the deprivation of the right to vote and stand for election by a court decision establishing guardianship, we reminded the Committee that under the UN Convention on the Rights of Persons with Disabilities, any exclusion or restriction of the right to vote and stand in elections on the basis of a disability would constitute discrimination. We suggested that the Committee call on Moldova to repeal/amend those provisions requiring or allowing for the deprivation the right to vote and stand in elections and to recognise the right of all persons with disabilities to access assistance to vote provided by a person of their own choice. We urged the Committee to ask questions from Hungary about the steps taken to revise legislation so that all persons with disabilities can vote and be elected on an equal basis with others.
In our submission on Czechia, we focused on (a) the right to access to free and effective legal aid for persons with psychosocial disabilities, especially in cases of deprivation of liberty and ill-treatment in detention; and (b) the right to legal capacity, the ongoing use of guardianship, and lack of supported decision-making measures for persons with disabilities.
As a consequence of the 2014 civil law reform, Czechia abolished plenary guardianship, but the law continues to permit restriction of legal capacity in a form of partial guardianship. However, according to relevant statistics, 40% of decisions on restriction of legal capacity covers almost all areas of life, amounting in practice to a full deprivation of legal capacity. We called on the Committee to ask questions to Czechia about the steps taken to amend the relevant legislation and practice to abolish guardianship, and to replace substitute decision-making with supported decision-making that respect the person’s rights, will and preferences.
Sándor Gurbai, Validity’s legal advocacy director said:
“We planned to submit these documents to the UN Human Rights Committee in June 2025, as the 145th session was originally scheduled for October and November of that year. Although this session has been postponed until March 2026 due to a liquidity crisis within the UN, the implementation of the rights of persons with disabilities cannot wait and must not be postponed.”