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 Community Living
affects all significant life choices affects all significant life choices 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 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; 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.
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