Electoral exclusion of people with intellectual, cognitive and psychosocial disabilities in Chile

Article 16 Nº 1 of the Chilean Constitution prohibits people with intellectual, cognitive and psychosocial disabilities (PICPD) who have been deprived of their legal capacity from voting. This paper critically discusses the rationale for this practice in light of Article 29 of the Convention of Rights of Persons with Disabilities and raises several questions. For instance, is conditioning the right to vote to any kind of capacity assessment legitimate? Have Chilean courts considered any cases related to the right to vote of PICPD? What role could PICPD themselves play in reforms to remove barriers to the right to vote? These questions become more pressing when viewed against the backdrop of widespread constitutional provisions depriving PICPD of the right to vote in Latin America. Adopting this view will contribute to a better understanding of the extent of discriminatory practices in
the region. At the same time, it will also highlight constitutionally entrenched inclusive measures.