The limits of legal and material implementation of the Convention on the Rights of Persons with Disabilities in light of a comparative analysis of measures ensuring digital political participation

Abstract

From a legal perspective, the Convention on the Rights of Persons with Disabilities (CRPD) mandates states to create inclusive political environments, recognizing that participation extends beyond voting procedures to broader engagement in democratic processes. For persons with disabilities, political participation remains a complex challenge. Emerging digital technologies, particularly AI-driven assistive tools, can assist people in their daily lives and foster political participation. However, digital technologies also raise concerns related to surveillance and disinformation, and they contribute to the digital divide. Through a comparative analysis of South Africa, Brazil, and Switzerland, this paper explores how different state actors incorporate CRPD provisions and leverage technology to promote political inclusiveness. Analysing comparatively legislative frameworks, public policies, and administrative and material measures, the paper argues that there are advancements and persistent barriers to the discussion on the use of and access to technologies for fostering political participation of persons with disabilities.

PRACTIONER POINTS • The comparative analysis of data shows that the states struggle to ensure political participation for persons with disabilities. • The fulfilment of the right to political participation entails opening up opportunities for persons with disabilities to have meaningful involvement not only in the voting procedures but also in the broader political debate. • Leveraging inclusive technologies can bridge participation gaps and empower persons with disabilities to participate in both the political process and the creation of enabling tools.