Legal Capacity

Article 12 accords to people with disabilities recognition equal to others as full persons before the law.  To be recognized as a full person before the law means that one’s legal capacity, including the capacity to act, is equally recognized.  Article 12 also imposes a positive duty on the state to establish support measures to ensure that the barriers to exercising legal capacity are removed and that the supports are in place for people with disabilities to fully enjoy and exercise this capacity.  Insofar as present day national laws impose barriers to the exercise of legal capacity by persons with disabilities, or deny access to needed supports for the exercise of legal capacity, it is necessary for States in accordance with their obligation under article 4 (1) (b) to modify these laws to bring them in consonance with article 12.

downloadCommittee on the Rights of Persons with Disabilities in it’s Eleventh session, 31 March –11 April 2014 issued a draft General comment No 1 (2014). This can be downloaded here: Draft Article 12 General Comment 1 11 April 2014

In February 2014, WNUSP together with CHRUSP submitted comments: WNUSP-CHRUSP CRPD Committee Response Article 12 Feb 2014 .

Much of the work done at the United Nations and within the Committee of Rights of Persons with Disabilities. More information can be gained by exploring their website: http://www.ohchr.org/en/hrbodies/crpd/pages/crpdindex.aspx

Other information about legal capacity can be found under “Resources”

 

 

 

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