Who gets to decide? Right to legal capacity for persons with intellectual and psychosocial disabilities

By: Nilsson, Anna.
Series: CommDH/IssuePaper (2012)2.Publisher: Strasbourg Commissioner for Human Rights 2012Description: 23 p. : 30 cm.Subject(s): DISABILITY | INTELLECTUAL CAPACITY | GUARDIANSHIP | HUMAN RIGHTS | EQUALITY | CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES | REFORMOnline resources: Click here to access online
Contents:
SUMMARY THE COMMISSIONER'S RECOMMENDATIONS 1. Introduction 1.1 What is legal capacity? 1.2 Why is legal capacity important? 2. European challenges 2.1 Incapacitation procedures and guardianship systems 2.2 Automatic loss of human rights 2.3 Lack of support alternatives 3. Equal rights for persons with disabilities: a paradigm shift 3.1 Understanding disability in the human rights context 3.2 Equality in the disability context 4. Human rights standards on legal capacity 4.1 The Convention on the Rights of Persons with Disabilities: equality before the law 4.2 The European Convention on Human Rights 4.2.1 The (un)lawfulness of deprivation of legal capacity 4.2.1 The (un)lawfulness of deprivation of legal capacity 4.2.2 Fair procedures 4.2.3 Appeal and review 4.2.4 Enjoyment of other rights 4.2.5 Provision of support 5. The way forward 5.1 Reform of existing systems 5.2 Development of adequate support 5.2.1 The example of personal ombudsmen 5.2.2 The example of support networks List of references
Summary: "The right of persons with disabilities to make choices about their lives and enjoy legal capacity on an equal basis with others is one of the most significant human rights issues in Europe today. Being recognised as someone who can make decisions is instrumental in taking control over one's life and participating in society with others. Having legal capacity enables us to choose where and with whom we want to live, to vote for the political party we prefer, to have our health care decisions respected, to control our own financial affairs and to have access to cinemas and other leisure activities. Without it we are non-persons in the eyes of the law and our decisions have no legal force. This is still the reality for hundreds of thousands, if not a million, Europeans with intellectual and/or psychosocial disabilities put under guardianship regimes... This Issue Paper describes the challenges faced by Council of Europe member states in dealing with the issue. These include the flaws of current guardianship systems and procedures, the automatic loss of human rights of those placed under guardianship regimes and the pressing need to develop support alternatives giving persons with disabilities equal opportunities to shape their life paths. The paper outlines the applicable international human rights framework, including the relevant case-law from the European Court of Human Rights. It concludes with examples of good practice to show the way forward." - SUMMARY
Tags from this library: No tags from this library for this title. Log in to add tags.
Star ratings
    Average rating: 0.0 (0 votes)
Holdings
Item type Current library Call number Status Date due Barcode Item holds
Book IHC Library 210 NIL (Browse shelf(Opens below)) Available W002588
Total holds: 0

SUMMARY
THE COMMISSIONER'S RECOMMENDATIONS
1. Introduction
1.1 What is legal capacity?
1.2 Why is legal capacity important?
2. European challenges
2.1 Incapacitation procedures and guardianship systems
2.2 Automatic loss of human rights
2.3 Lack of support alternatives
3. Equal rights for persons with disabilities: a paradigm shift
3.1 Understanding disability in the human rights context
3.2 Equality in the disability context
4. Human rights standards on legal capacity
4.1 The Convention on the Rights of Persons with Disabilities: equality before the law
4.2 The European Convention on Human Rights
4.2.1 The (un)lawfulness of deprivation of legal capacity
4.2.1 The (un)lawfulness of deprivation of legal capacity
4.2.2 Fair procedures
4.2.3 Appeal and review
4.2.4 Enjoyment of other rights
4.2.5 Provision of support
5. The way forward
5.1 Reform of existing systems
5.2 Development of adequate support
5.2.1 The example of personal ombudsmen
5.2.2 The example of support networks
List of references

"The right of persons with disabilities to make choices about their lives and enjoy legal capacity on an equal basis with others is one of the most significant human rights issues in Europe today. Being recognised as someone who can make decisions is instrumental in taking control over one's life and participating in society with others. Having legal capacity enables us to choose where and with whom we want to live, to vote for the political party we prefer, to have our health care decisions respected, to control our own financial affairs and to have access to cinemas and other leisure activities. Without it we are non-persons in the eyes of the law and our decisions have no legal force. This is still the reality for hundreds of thousands, if not a million, Europeans with intellectual and/or psychosocial disabilities put under guardianship regimes... This Issue Paper describes the challenges faced by Council of Europe member states in dealing with the issue. These include the flaws of current guardianship systems and procedures, the automatic loss of human rights of those placed under guardianship regimes and the pressing need to develop support alternatives giving persons with disabilities equal opportunities to shape their life paths. The paper outlines the applicable international human rights framework, including the relevant case-law from the European Court of Human Rights. It concludes with examples of good practice to show the way forward." - SUMMARY

There are no comments on this title.

to post a comment.

Powered by Koha