Legal Capacity and Supported Decision-Making: Respecting Rights and Empowering People
24 Pages Posted: 4 Aug 2016
Date Written: August 3, 2016
Abstract
This article presents an overview of the right to legal capacity and the accompanying state obligation to provide support for the exercise of legal capacity. It addresses the provisions of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) and the UN Committee on the Rights of Persons with Disabilities’ interpretation of Article 12 in their first General Comment. Finally, it identifies the impact of the denial of legal capacity on the lives of people with disabilities and analyses areas of the law in need of reform.
Keywords: Legal Capacity, Disabilities, Rights of Persons
JEL Classification: K00, K39
Suggested Citation: Suggested Citation