Voting rights of people with mental disabilities

This article in the UNSW Law Journal compares the laws relating to voting rights of people with mental disability in various jurisdictions in Japan and Australia.  The authors argue tthis group should not be discriminated against when it comes to their rights of political franchise.

In Australia's universal franchise system there are some people excluded from voting - people under 18, convicted criminals and people with mental disabilities. Currently several nations are assessing their compliance with the UN Convention on the Rights of Persons with Disabilities in order to argue for a political franchise without discrimination against persons with mental disabilities.  After a thorough overview of the historical and contemporary political rights of these people in Australia and Japan, the authors conclude by agreeing with the recommendations of a recent Australian Law Reform Commission inquiry that the Australian Parliament should repeal the disqualification from voting and enrolment in section 93(8)(a) of the Commonwealth Electoral Act 1918 of persons of ‘unsound mind’.

Trevor Ryan, Andrew Henderson, Wendy Bonython (2016). Voting with an 'unsound mind'? A comparative study of the voting rights of persons with mental disabilities. UNSW Law Journal 39(3): 1038-1071.