CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 26 octobre 2021

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SLOVENIA (Applications nos. 34591/19 and 42545/19)   JUDGMENT Art 1 P12 • Art 13 • Prohibition of discrimination • Effective remedy • Adequate positive measures enabling disabled applicants to exercise their right to vote freely and by secret ballot at 2015 National Referendum • Lack of domestic remedy in respect of complaints as to accessibility of polling stations and voting procedure Art 14 • Art 3 P1 • Art 13 • Discrimination • Free expression of the people • Lack of voting machines not discriminatory for disabled voter allowed to be assisted by a person of his own choice under legal duty to respect secrecy • Technology-assisted voting not a necessary requirement needing immediate implementation, especially in the absence of European consensus • Complaint as to the abolition of the use of voting machines thoroughly examined by the Constitutional Court • Effective compensatory remedy available for any alleged discrimination in the exercise of the right to vote   STRASBOURG 26 October 2021 FINAL   28/02/2022   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Toplak and Mrak v. Slovenia, The European Court of Human Rights (Second Section), sitting as a Chamber composed of:   Jon Fridrik Kjølbro, President,   Carlo Ranzoni,   Valeriu Griţco,   Egidijus Kūris,   Pauliine Koskelo,   Marko Bošnjak,   Saadet Yüksel, judges, and Stanley Naismith, Section Registrar, Having regard to: the applications (nos.   34591/19 and 42545/19) against the Republic of Slovenia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two Slovenian nationals, Mr Franc Toplak and Mr Iztok Mrak (“the applicants”), on 24 June 2019 and 5 August 2019 respectively; the decision to give notice of the applications to the Slovenian Government (“the Government”); the observations submitted by the respondent Government and the observations in reply submitted by the applicants; the comments submitted by third parties, namely the Harvard Law School Project on Disability, the Centre for Disability Law and Policy, Advocate of the Principle of Equality and the European Network of Equality Bodies, who were granted leave to intervene by the President of the Section; Having deliberated in private on 21 September 2021, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     The case concerns the alleged lack of adequate measures to allow the applicants, who had muscular dystrophy, to vote in the 2019 elections to the European Parliament and in a 2015 national referendum and the alleged lack of effective remedies in this regard. THE FACTS 2.     The first applicant, Mr Toplak, was born in 1937 and lived in Maribor. The second applicant, Mr Mrak, was born in 1983 and lives in Ljubljana. They were represented by Mr S. Vesenjak, a lawyer practising in Maribor. 3.     The Government were represented by their Agent, Mrs B. Jovin Hrastnik. 4.     On 19 July 2019 the first applicant died. His daughters, Nataša Toplak and Renata Toplak, informed the Court that they wished to continue the proceedings before the Court in his stead. 5.     The facts of the case, as submitted by the parties, may be summarised as follows. 6.     The applicants were, together with a number of other voters with disabilities, involved in numerous sets of proceedings aimed at improving the access of people with disabilities to the voting process. The sets of proceedings detailed below constitute only a minor part of this larger endeavour, in which the claimants were mainly unsuccessful before the Slovenian courts, except for petitions for constitutional review leading to the Constitutional Court’s decision of 2014, which is summarised below (see paragraphs 43-45 below). The applicants’ disability 7.     Both applicants had muscular dystrophy and used electric wheelchairs for mobility. The first applicant’s condition deteriorated in 2018, which meant that he was no longer able to hold a pen. 2015 Referendum 8.     In 2014 the Constitutional Court ruled that the legislature should, within two years, adopt legal provisions ensuring the accessibility of all polling stations to people with disabilities (see paragraphs 43-45 below). In 2015 almost 50% of polling stations in Slovenia were physically accessible to people with disabilities. 9.     Further to the decision by the National Assembly of 4 November 2015, the National Election Commission (“the National Commission”) announced that a referendum concerning amendments to the Marriage and Family Relations Act would be held on 20 December 2015 (“the 2015 Referendum”). The announcement provided, inter alia , that voters with disabilities who considered that the polling station of their local electoral area was not accessible to them should inform their district election commission (“the district commission”) in advance of their intention to vote at a polling station that was accessible to people with disabilities or at a polling station with an available voting machine. Relevant events before the 2015 Referendum and the proceedings relating to the legal actions brought by the applicants The first applicant 10.     On 16 November 2015 the National Commission received a letter from the first applicant in which he requested that the polling station for his local electoral area be accessible for people with disabilities. He specified the required width of the path and ramp, the angle of the ramp, and its bearing capacity, and requested access to the voting booth, voting table and ballot box. The National Commission forwarded his letter to the district commission in Maribor, asking it to verify whether the polling station indicated in the first applicant’s request could be accessed without obstacles by people with disabilities and, if not, whether it would be possible to install a ramp in accordance with the technical requirements specified by the first applicant. 11.     On 21 November 2015 the first applicant, together with another person, Š., brought an action in the Administrative Court against the National Commission seeking (i) the provision of access for people with disabilities at their local polling station and (ii) the ordering of an interim measure in order to ensure the accessibility of that polling station during the upcoming referendum. The first applicant and Š. argued that all voters, including those with a disability, had the right to vote at the polling station for their local electoral area and requested that the Administrative Court order the State to ensure on the day of the referendum (20 December 2015), and for all subsequent referendums and elections, that their respective polling stations would be wheelchair-accessible; this would entail the making of all necessary adjustments to voting booths and ballot boxes. They set out specific details concerning wheelchair accessibility. On 3 December 2015, the claimants specified that the action had been brought under section 4 of the Administrative Disputes Act (see paragraph 48 below) in respect of an alleged violation of human rights. 12.     In the meantime, on 23 November 2015 the National Commission asked a private company to provide it with a price quote for installing a ramp for the entrance to the first applicant’s local polling station. The following day the director of the National Commission informed the first applicant that his polling station would be equipped with a ramp. On the same day, his nephew replied on behalf of the first applicant, asking for confirmation that other conditions set out in his request would also be complied with. 13.     On 4 December 2015 the Administrative Court issued a judgment and decision dismissing the action and rejecting a motion for an interim measure. It pointed out that the two-year deadline for remedying the incompatibility of the National Assembly Elections Act (“the Elections Act”) with the Constitution imposed on the legislature by the Constitutional Court’s decision had not yet expired (see paragraphs 43-45 below). It was furthermore noted that the claimants’ access to their local polling station had been ensured and that their assumptions regarding the inaccessibility of voting booths and ballot boxes were based only on certain past experiences. Certain ad hoc adaptations could be made in practice (regardless of the existing regulatory framework), and it was up to the electoral bodies to do what was necessary to secure the rights of voters. The court referred to the correspondence between the first applicant, the National Commission and the district commission and found that the first applicant had failed to prove an interference with his right to vote. 14.     On 10 December 2015 – that is to say prior to the 2015 Referendum – the first applicant and Š. lodged an appeal. They also requested the Supreme Court to issue an interim decision ordering the necessary adjustments to be made before the 2015 Referendum. The request for the interim decision was dismissed on 16 December 2015 by the Supreme Court, which found, inter alia , that the defendant had undertaken to secure the conditions necessary for the appellants to exercise their right to vote, in line with the Constitution and the relevant legislation. On 5 July 2016 the Supreme Court rejected the appeal lodged by the first applicant and Š., explaining that, under section 4 of the Administrative Disputes Act, the judicial protection of human rights was possible only if a different form of judicial protection had not already been available. In the instant case, however, protection had already been offered under the Referendums and Popular Initiatives Act (“the Referendums Act”) (see paragraph 46 below). Furthermore, the judicial protection provided under section 4 of the Administrative Disputes Act was not intended to protect against future actions that could potentially interfere with a person’s legal position, but rather only related to acts that had already occurred. 15.     On 12 September 2016 the first applicant and Š. lodged a constitutional complaint (no. Up 771/16). They alleged, inter alia , that the Administrative Court had violated their right to non-discrimination in the exercise of their right to participate in the management of public affairs (as protected, respectively, by Articles 14 and 44 of the Constitution) and that the Supreme Court had denied them the only effective remedy. At the same time the first applicant lodged a petition for a review of the constitutionality of several statutes that allegedly failed to provide for the speedy resolution of election-related disputes. 16.     On 5 December 2018 the Constitutional Court decided not to accept the constitutional complaint for consideration. It specified that the petition for constitutional review would be dealt with separately (see paragraph 32 below). The decision was served on the first applicant on 31 December 2018. The second applicant 17.     On 16 November 2015 the National Commission received a letter from the second applicant requesting that the polling station for his local electoral area be made accessible to people with disabilities. In his letter, the second applicant set out the changes that would be necessary in order to render the polling station accessible to people with disabilities; those specifications were similar to those set out by the first applicant (see paragraph 10 above). The director of the National Commission contacted the second applicant’s district commission, which replied that the second applicant’s local polling station, which was a school, would be accessible to wheelchair users. After being informed of this the second applicant pointed out that the school was surrounded by a fence and that the ballot boxes were normally on a higher floor, which could be accessed only by stairs. In further correspondence, the district commission affirmed that the polling station was accessible and submitted photos in this regard. The second applicant noticed that the photos showed a side entry, which previously he had not been able to use, and proposed that a visit of the school be carried out in order to verify the accessibility of the premises. 18.     On 17 December 2015 an official note was made by the district commission, which indicated that the second applicant had made a visit and that it had been established that access to the polling station had been arranged directly from the parking area through the side entry to the school, which was equipped with a ramp. There was also a ramp leading to the floor on which the polling rooms were situated. It was also noted that the school had in the past had a pupil with a disability who had used the ramp and that all other voters would be entering the building this way in order to prevent any kind of discrimination. This polling station was subsequently also formally declared accessible to people with disabilities. 19.     In the light of the lack of proper access for people with disabilities to their local polling station (in contravention of both section 9 of the Equality of Opportunities for People with Disabilities Act and the Constitution), on 17   December 2015 the second applicant, together with another person, A., brought an action in the Administrative Court seeking the provision of access to their local polling station for people with disabilities, and lodged with the Administrative Court an application for the ordering of an interim measure against the National Commission and the district commissions concerned. The second applicant and A. submitted arguments similar to those submitted by the first applicant and Š. (see paragraph 11 above). 20.     On 18 December, the Administrative Court dismissed both the action (after examining it under section 4 of the Administrative Disputes Act) and the request for an interim measure. Referring to the above-mentioned correspondence between the second applicant and the electoral bodies, the visit that had been carried out, and the submissions made by the National Commission during the proceedings, the court found that the defendants had ensured that the second applicant’s local polling station would be accessible to people with disabilities. It also noted that upon receiving a request from a voter with disabilities, the relevant authorities were under an obligation to do everything within their power to ensure necessary and appropriate changes and adaptations, provided that they did not impose a disproportionate or unnecessary burden. This was so regardless of whether such an obligation was set out also by the relevant legislation. 21.     On 4 January 2016, the second applicant and A. lodged an appeal. They described the situation at the polling station on the day of the 2015 Referendum. The second applicant indicated that he had been able to access the polling station with his wheelchair, mark and deposit his ballot paper, and leave. However, he alleged that the ramp by the entrance had been steep and thus not in compliance with accessibility standards. In his submissions, he stated that he had been afraid when using the ramp, and that when he had been using the ramp he had needed assistance from a passer-by. He asserted that he had suffered discrimination because he had not been able to make his way along the ramp without the assistance of others. 22.     On 5 July 2016 the Supreme Court rejected the appeal on the same grounds as those cited as justification for the rejection of the appeal lodged by the first applicant and Š. (see paragraph 14 above). 23.     On 12 September 2016 the second applicant and A. lodged a constitutional complaint (no. Up-770/16) containing similar arguments to those submitted by the first applicant and Š. in their own constitutional complaint (see paragraph 15 above). They alleged, inter alia , that on the day of the 2015 Referendum their polling stations had been inaccessible. 24.     On 28 January 2019, the Constitutional Court decided not to accept for consideration the constitutional complaint of the second applicant and A. The decision was served on the second applicant on 5 February 2019. The applicants’ participation in the 2015 Referendum 25.     Both applicants voted in the 2015 Referendum. In his application form, the first applicant did not submit any details concerning his voting. In his observations he acknowledged that he had voted. He furthermore explained that he had been accompanied by several people, including his daughter and nephew, who had recorded a video and published it on Facebook on the same day. According to the first applicant, owing to the positioning of the furniture he had only been able to cast his vote in the middle of the room on the table with several people around him, which had compromised the secrecy of his vote. The election committee had allegedly not permitted the voting booths to be moved. Photos published on Facebook by the first applicant’s nephew, Mr Jurij Toplak, and subsequently submitted by the first applicant’s representative show the first applicant proceeding independently up the ramp leading to the polling station. They also show him inside the polling station at a table divided by a partition. The table appears to be of a height that would have allowed the first applicant to access the material left on it. One person is standing next to him. It is unclear whether that person was helping the first applicant or was marking his own ballot paper. One more person can be seen on the other side of the table (possibly behind the partition). The photos on Facebook were accompanied by text that read: “My uncle, Franc Toplak, voted in an accessible polling station today. One polling station adjusted, 3000 to go.” 26.     The second applicant submitted that he had had to wait outside the polling situation until he had asked a passer-by to push him up the ramp, which was situated at the back entrance. He seemed, moreover, to imply that the voting booth and ballot box that he had used had not been adjusted to the needs of people with disabilities. 2019 EUROPEAN PARLIAMENT elections 27.     Under the Elections Act, as amended by the 2017 Amendment (see paragraph 42 below), all polling stations were required to be accessible to people with disabilities as of 1 February 2018. It is unclear what, other than entry to the polling station, the required level of accessibility involved. The Government submitted that, in general, the furniture inside polling stations (tables and chairs) was of standard dimensions, partitions designed to secure the secrecy of the voting procedure were positioned on the floor and the ballot boxes were placed on tables. 28.     On 9 April 2019 the National Commission announced that elections to choose Slovenian members of the European Parliament (“the 2019 EP Elections”) would be held on 26 May 2019. The announcement included the information that voters with disabilities should inform their local district commission if they wished to vote by post. It also provided that those who could not vote at the polling station owing to illness should inform the relevant district commission by 22   May 2019 of their intention to vote from home. Requests to be permitted to vote by mail or from home could also be made via a dedicated Internet site. 29.     The first applicant submitted in his application form that a ramp had been installed but that in all other aspects the polling station had not been rendered accessible. The second applicant submitted that his polling station “[had not been] made accessible in any way”. They both submitted that they had been unable to “enter a little polling room with a wheelchair [owing] to a narrow door entry [and that] the ballot box and the desk [had been] too high and inaccessible, and no accessible voting methods or equipment [had been] available”. It can be seen from the submissions lodged by the first applicant, in reply to those of the Government, that he did not participate in the 2019 EP Election owing to a deterioration in his condition. According to him, he had no longer been able to use a pen and had not wished to be assisted by another person. 30.     The Government submitted copies of the voting directory from the second applicant’s local polling station; the directory contained the name and signature of the second applicant, who had apparently voted in the election. The records of the election committee responsible for the second applicant’s local polling station do not contain any complaint made by participants. review of legisation by the constitutional court 31.     On 28 September 2018 a number of petitioners, including the second applicant, requested to be allowed to join the proceedings in respect of the petition for constitutional review lodged by the first applicant (see paragraphs 15 and 16 above). Together with the first applicant, they submitted additional arguments concerning, inter alia , sections 79 and 79a of the Elections Act (see paragraphs 40 and 42 below). They submitted that the Constitutional Court’s 2014 decision, which required all polling stations to be accessible to people with disabilities (see paragraphs 43-45 below), had been implemented by the amendments to the Elections Act as far as the physical accessibility of polling stations was concerned (see paragraph 42 below), but not with respect to voting machines. They emphasised that proceedings that concerned elections and were initiated in a timely manner should be completed before the election day in question. They also submitted that polling stations could be properly adjusted before local elections that were to take place in two months’ time. 32.     On 21 February 2019 the Constitutional Court rejected as manifestly ill-founded the petition for constitutional review in so far as it concerned the issue of a speedy resolution of election-related disputes. As regards sections 79 and 79a of the Elections Act (see paragraphs 38-42 below) and the issue of the non-implementation of the Constitutional Court’s 2014 decision, it noted that the conditions for suspending the effect of the above-mentioned provisions had not been met but that consideration of the petition would be given absolute priority. 33.     On 22 October 2020 the Constitutional Court delivered a decision in which it examined the implementation of its 2014 decision (see paragraphs 43-45 below). It found that the Elections Act, as amended by the 2017 Amendment (see paragraph 42 below), was not incompatible with the Constitution. It noted that section 79a, which had been inserted into the Elections Act by the 2017 Amendment, explicitly provided that polling stations must be accessible to people with disabilities and that the petitioners themselves had considered that as regards this aspect the Constitutional Court’s 2014 decision had been properly implemented. As regards the availability of voting machines, it noted that the use of voting machines had been ended by the 2017 Amendment and that a new assessment of the compatibility of the election legislation with the Constitution was required in that respect. The Constitutional Court noted that the petitioners’ main argument was that the legislature should have adopted measures that would allow every person with a disability to vote autonomously, under conditions of secrecy, and at the nearest polling station to his or her residence without having to give advance notice of his or her attendance. 34.     The Constitutional Court cited: the United Nations Convention on the Rights of People with Disabilities (“the CRPD”) – especially Article 29 thereof; the Venice Commission’s Revised Interpretative Declaration to the Code of Good Practice in Electoral Matters on the Participation of People with Disabilities in Elections; and the Parliamentary Assembly of the Council of Europe’s resolution entitled “The political rights of people with disabilities: a democratic issue” (see paragraphs 54, 58, 59 and 60-62 below). 35.     The Constitutional Court took account of the arguments submitted by the Government and the National Assembly – specifically, that only a very small number (in 2015 only 0.2% of people with disabilities) had used voting machines, that such machines could not facilitate voting by people suffering from all types of disability, that their use was very expensive and that a new mode of voting for people with disabilities (namely, voting by post) had been introduced by the 2017 Amendment. The Constitutional Court also noted that the Elections Act also provided for assisted voting and that that mode of voting was also envisaged in the above-mentioned international instruments. Referring to the relevant provisions of the Elections Act and the Penal Code, the Constitutional Court stated that the law should be interpreted as imposing on the person assisting the person with a disability the obligation to respect the secrecy of the ballot. It also noted that election committees (see paragraphs 38 and 40 below) had little scope to exercise discretion in taking decisions. When confronted by a person with a disability an election committee had merely – as regards the voting assistants – to ascertain his or her identity and to note his or her name in its records. The Constitutional Court furthermore examined the regulation governing voting at home, which it considered to be applicable also to people with disabilities. The Constitutional Court, referring to a “reasonable accommodation” ( primerna prilagoditev ), noted that the legislature was under the obligation to ensure that people with disabilities could as much as possible exercise their right to vote in person, autonomously, in conditions of secrecy and at a polling station, but that the legislature was not under an obligation to adopt measures that would impose a disproportionate or unnecessary burden. 36.     The Constitutional Court went on to note that a 2018 decision of the United Nations Committee on the Rights of People with Disabilities (“the CRPD Committee”) concerning a case brought by Fiona Given against Australia (see paragraph 57 below), on which the petitioners had relied, could not be understood as having done away with the concept of a “disproportionate burden”. It furthermore noted that only three European countries (Belgium, France and Bulgaria) continued to use voting machines to a different extent, and that voting with the assistance of another person was a method of voting permitted in almost all European countries. The Constitutional Court concluded that assisted voting, as regulated in Slovenia, was in line with the principle of reasonable accommodation. relevant domestic LEGAL FRAMEWORK AND PRACTICE the Constitution 37.     The relevant parts of the Constitution of the Republic of Slovenia read as follows: Article 90 (Legislative Referendum) “...The right to vote in a referendum is enjoyed by all citizens who are eligible to vote in elections ...” Article 160 (Powers of the Constitutional Court) “The Constitutional Court decides: on the conformity of laws with the Constitution; on the conformity of laws and other regulations with ratified treaties and with the general principles of international law; .... on constitutional complaints stemming from the violation of human rights and fundamental freedoms by individual acts; ...” Legislation and case-law Voting Legalisation 38.     The Elections Act (the National Assembly Elections Act) regulates elections to the National Assembly. Its provisions are also used, mutatis mutandis , with respect to European Parliament elections and public referendums. It was enacted in 1992. On 20 April 2017 it was amended by the 2017 Amendment, which was enacted following the Constitutional Court’s 2014 decision (see paragraphs 43-45 below). Pursuant to the Elections Act there are eight electoral constituencies which are each further divided into eleven electoral districts. Elections are run by electoral bodies, that is by constituency election commissions (one for each electoral constituency), district election commissions (one for each electoral district) and election committees (one for each polling station), which each have different responsibilities. The Elections Act provides that voters should normally exercise their right to vote at the polling station in the local area of their permanent residence. Such areas are determined by the district election commissions for each electoral district. The district election commissions also issue decisions appointing members of election committees which are responsible for practical tasks, such as registering the voters and handing out the ballot papers, and for ensuring that voting at the polling stations is carried out in accordance with law. The National Election Commission ensures the legitimacy of elections and the uniform application of the provisions of the Elections Act. It also co-ordinates and oversees the work of, inter alia , district election commissions. 39.     The Elections Act and the Referendums Act (the Referendums and Popular Initiatives Act) provide that the right to vote in elections or referendums, respectively, should be exercised in person, freely and by secret ballot. 40.     Under the Elections Act, if a voter has difficulties casting his or her vote owing to a physical disability or to illiteracy, he or she has the right to be accompanied by a person who will help him or her to complete or deposit his or her ballot paper. A decision thereon shall be taken by the election committee and shall be entered in the minutes (section 79). Voters who cannot go in person to the polling station for reasons of illness may vote in their homes before an election committee (section 83). 41.     Until 31 January 2018 the Elections Act provided that each district commission should designate at least one polling station that would be accessible to people with disabilities in that electoral district. At that polling station, the district commission could also facilitate voting by way of specially adapted ballots and voting machines. 42.     Since 1 February 2018, under the 2017 Amendment (see paragraph 38 above) all polling stations have had to be accessible to people with disabilities, while the possibility of voting by voting machine is no longer provided for (section 79a of the (amended) Elections Act). The 2017 Amendment introduced an additional voting option for people with disabilities, namely voting by post (as of 20 May 2017). Prior to the 2017 Amendment this option was limited to people residing in homes for the elderly and voters undergoing hospital treatment. The Constitutional Court’s 2014 decision 43.     In decision no. U-I-156/11, Up-861/11 of 10 April 2014, the Constitutional Court assessed the compliance of the Elections Act with the Constitution, pursuant to a petition lodged by, inter alios , H. and the second applicant. It found that the relevant provision of that Act did not constitute an appropriate “accommodation” sufficient to enable people with disabilities to independently physically access polling stations in public buildings; that shortcoming was in breach of the right of people with disabilities to non-discriminatory treatment (and thus constituted indirect discrimination) in respect of their right to vote. In particular, it found that not all polling stations were physically accessible to voters with disabilities, even though achieving such accessibility would not have entailed placing a disproportionate or unnecessary burden on the State. It changed its previously expressed view (given in respect of case no. U-I-25/10) to the effect that it sufficed for electoral bodies to inform the public of those polling stations that were physically accessible to people with disabilities. It now required all polling stations to be accessible. 44.     With regard to the selection of polling stations that enabled the possibility to vote with the help of specially adapted ballots and voting machines, the Constitutional Court found that that had been left entirely to the discretion of district election commissions, which was unconstitutional. While all polling stations had been equipped with a tactile voting device for blind people, the same was not true for voting machines. The Constitutional Court, however, acknowledged that the provision of voting machines was a costly project and noted that that was a factor that could be taken into account by the legislature when formulating new regulatory measures in this field. It also noted that in the previous round of elections fifty-five polling stations had been equipped with voting machines. It left open the question of whether any new regulation that would lead to fewer, equal or more voting machines would be compatible with the Constitution. 45.     The Constitutional Court ordered that the incompatibility with the Constitution be remedied within two years of the publication of its decision. It furthermore addressed the constitutional complaint lodged simultaneously by H. It found that as the elections concerned had already been completed, a favourable outcome could have not improved H.’s legal position. In the court’s view, H. had achieved the aim that he had pursued through the constitutional complaint, as the petition that he had simultaneously lodged had been successful and he had therefore succeeded in improving his situation for the next elections. He thus had no legal interest in a decision on the constitutional complaint. Remedies System of appeal under the electoral law 46.     Under the Elections Act, each voter may lodge a complaint with his or her constituency election commission (see paragraph 38 above) regarding any irregularities in the work of the election committee or of the district election commission. A complaint may be lodged within three days of the election day in question. The constituency election commission must decide on such a complaint within forty-eight hours and then (if necessary) take remedial measures (for example, annul and re-run the voting within the electoral district in question or determine again the results) only if complained of irregularities in respect of the voting or the work of the election bodies considerably affected or could affect the results of the election. Similar provisions are contained in the Referendums Act, under which voters may lodge complaints with the National Commission. The latter may take remedial measures only if irregularities influenced or could have influenced the outcome of the referendum in question. 47.     The Elections Act and the Referendums Act differ as regards the remedies that they respectively provide in respect of a decision issued by an electoral body dismissing a complaint lodged by a voter. Under the Referendums Act, a voter may lodge an appeal with the Administrative Court, which must decide on such an appeal within forty-eight hours. However, no such appeal is provided for under the Elections Act, and according to a Constitutional Court decision (U-I-100/13, Up-307/12) of 10   April 2014, the only court with the authority to decide such cases is the Constitutional Court. The decisive question in proceedings under any of the above-mentioned Acts is whether the alleged irregularities considerably affected or could have affected the results of the voting; only when this is so can such complaints be upheld (ibid.; see also Constitutional Court decision U-I-191/17 of 25 January 2018). Remedies concerning violations of human rights (a)    The Administrative Disputes Act 48.     In an administrative dispute, the court concerned shall rule on the legality of (i) final administrative acts that encroach on the legal status of the plaintiff and (ii) the legality of individual acts and actions interfering with human rights and fundamental freedoms, unless a different form of judicial protection is ensured. In cases of an alleged infringement of human rights (section 4), the plaintiff may lodge an application seeking (i) the annulment, issuance or modification of the act in question, (ii) official recognition that there has been a violation of human rights, (iii) the prohibition of the continuation of the interference, and (iv) the elimination of the consequences of the interference (section 33). Such an application must be lodged within thirty days of the delivery of the act in question or within thirty days of the relevant interference with human rights. 49.     By decision no. Uv 9/2014 of 22 July 2014 the Supreme Court rejected an appeal against a certain decision adopted by a district election commission. It found that, given the fact that the election in question had already taken place, it would be possible to seek a finding of a violation of human rights under section 33 of the Administrative Disputes Act. 50.     The applicants submitted decisions from 2010, 2011 and 2013 by which the Administrative Court had rejected – on the merits – actions relating to access to voting brought by individuals with disabilities; in at least one of those cases, the Administrative Court’s decision had been upheld by the Supreme Court. (b)    The Obligations Code 51.     Monetary compensation for non-pecuniary damage may be sought only in respect of cases specified in the Obligations Code. In judgment no. II Ips 99/2013 of 5 November 2015 concerning an instance of alleged discrimination against a voter with a disability, the Supreme Court noted that the right to vote could not be considered to constitute a “personality right” and that non-pecuniary damages could therefore not be awarded under the Obligations Code. An aggrieved party could, however, bring an action seeking a finding of a violation of human rights under section 4 of the Administrative Disputes Act (see paragraph 48 above). (c)    The Protection against Discrimination Act 52.     The Protection against Discrimination Act entered into force on 24   May 2016. It established a special body for overseeing protection against discrimination – namely the Advocate of the Principle of Equality (“the Advocate”). The Protection against Discrimination Act defines what is meant by the term “discrimination”, and sets out measures to promote equal treatment, the procedure to be followed when lodging a complaint with the Advocate, and judicial remedies that may be sought. Under section 39, a claimant may bring an action seeking an end to discrimination, or compensation for discrimination, or the publication of the ruling in the media. Compensation should be paid by the perpetrator of the discrimination in question in an amount ranging from 500 to 5,000 euros. The duration of the discrimination in question, the severity of the discrimination and other factors shall be considered when determining the amount of compensation to be awarded. Provisions of the Act that govern civil procedure shall apply to the adjudication of an action lodged under section 39 of the Protection against Discrimination Act. 53.     The Protection against Discrimination Act replaced the Implementation of the Principle of Equal Treatment Act, which had been in force since 2004. Under the latter, people who had suffered discrimination had the right to compensation according to the general principles of civil law (that is to say only with respect to any pecuniary damage suffered, see paragraph 51 above). Relevant international material United Nations Convention on the Rights of People with Disabilities (CRPD) and related practice 54.     The relevant parts of the CRPD are set out in Guberina v. Croatia , no. 23682/13, § 34, 22 March 2016. Furthermore, the following passages from the CRPD, ratified by Slovenia on 24 April 2008, are particularly relevant to the present case: Article 29 - Participation in political and public life “States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake to: a.     Ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia , by: i.     Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use; ii.     Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate; iii.     Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice; ...” 55.     The CRPD Committee’s General Comment No. 2 (adopted on 11   April 2014), concerning Article 9 of the CPRD, reads, in s