Independent, impartial, non-judicial institution established in 1999 Promotes awareness of and respect for human rights in the 47 member states

• Independent, impartial, non-judicial institution established in 1999

• Promotes awareness of and respect for human rights in the 47 member states

• Elected for a non-renewable term of 6 years (Nils Muižnieks since April 2012)

Human Rights comment on the right to vote

• Human Rights comment on the right to vote

• Issue Paper on Legal Capacity

• Issue paper on Community Living

affects all significant life choices

• affects all significant life choices

• taken for granted for every adult, but questioned for people with disabilities

• 100 000s of individuals with intellectual or psychosocial disabilities affected in Europe

The idea of a ‘Rational and reasonable person’ is a myth

• The idea of a ‘Rational and reasonable person’ is a myth

• Everyone relies on external support to make decisions

• Everyone has a right to take risks, make mistakes, and learn from them (or not)

discriminatory

• discriminatory

• disrespectful and paternalistic

• fosters dependency and helplessness

• facilitates abuse and neglect

• creates stigma

• violates agreed human rights standards!

Article 12 of the CRPD

• Article 12 of the CRPD

• European Convention on Human Rights (and the case-law of the Strasbourg court)

• Shtukaturov v. Russia (plenary guardianship)
• Stanev v. Bulgaria (partial guardianship)

• Other Council of Europe standards

Review legislation on legal capacity;

• Review legislation on legal capacity;

• Abolish full incapacitation/plenary guardianship;

• Prevent automatic deprivation of rights because of a disability;

• Guarantee the right to challenge guardianship effectively;

• End ‘voluntary’ placements against the person’s will;

Develop supported decision making alternatives;

• Develop supported decision making alternatives;

• Robust safeguards to ensure that support:

• respects the recipients and their preferences;
• is free of conflicts of interests;
• is subject to regular and fair judicial review;

• Service providers must provide reasonable accommodation;

• Involve persons with intellectual and psychosocial disabilities in the reform process.