The right to vote is a crucial means of recognizing equality in society, a person's equality before the law, and is a way of protecting all of one's other rights. If a person is not allowed to vote, he or she does not have the same chances to make changes to society, or to improve laws and policies affecting their lives, on an equal basis with others in society. The same is true if one is not allowed to be elected. This relegates the disenfranchised person to a position of subjugation to the rest of society. The protection of other rights falls away when persons are deprived of the right to vote. For example, one cannot express one's will politically in order to make improvements in the policies in the areas of health, education, employment, …show more content…
The unsound mind exclusion is vague and broad. There is no definition of “unsound mind” provided in the Electoral Act or at common law. Disenfranchisement of persons of unsound mind could conceivably be applied to persons with a range of impairments, including intellectual and psychosocial disabilities, acquired brain injury or a degenerative brain condition such as dementia. Many of these people could, or could with assistance, vote. In Roach v Electoral Commissioner [2007] HCA 43, Australia’s High Court found that the right to vote lies at the heart of Australia’s system of representative government. The High Court ruled that Australians’ voting rights should not be limited or infringed except where absolutely necessary and then only to the extent that the limitation is proportionate. Australia is party to all the major international human rights treaties and is thereby obliged to protect and promote all human rights under international law, including the right to