*CRPD Article 12
Selected country initiatives:
*India’s law reform (enacted), Rights of Persons with Disabilities Act, sections 12-15
Costa Rica’s law reform (enacted), Ley para la Promoción de Autonomía Personal especially articles 2, 5-11, 12-15 (in Spanish)
Proposed law reform in Peru (in Spanish)
Principles and practices of support paradigm:
*WNUSP text proposal on legal capacity:
‘Everyone, including all persons with disabilities, has the right to recognition everywhere as a person before the law, with full legal capacity.
‘Persons with disabilities who experience difficulty in asserting their rights, understanding information or in communicating, have the right to use assistants for the purpose of assisting them to understand information presented to them and to express their decisions, choices and preferences.’
*One of the following:
Amita Dhanda, Advocacy Note on Legal Capacity (2pg handout)
‘What is IPS [Intentional Peer Support]?’ (on IPS website)
Theory and concept of equal legal capacity:
*Minkowitz, Norms and Implementation of CRPD Article 12 (short article)
Hoffman and Könczei, Legal Regulations Relating to the Passive and Active Legal Capacity of Persons with Intellectual and Psychosocial Disabilities in Light of the Convention on the Rights of Persons with Disabilities and the Impending Reform of the Hungarian Civil Code (for the history of developments in legal capacity pre-CRPD)
Free and informed consent as legal capacity right:
More resources on legal capacity and support paradigm:
The Small Places website – includes European Court of Human Rights cases; various law reform projects; NGO and academic materials
Choices – ‘platform on supported decision-making’ – explore site, read anything that interests you
Research the law on legal capacity in your jurisdiction, using search engine or other tools.
1-2 page reflection paper on any of the following:
What is your relationship to legal capacity? Is it visible or invisible in your life? In the background or foreground? Does it make a difference to you whether legal capacity is a right or a privilege?
Evaluate the law reform on legal capacity in India, or another of your choice. Does the law comply with the standards under Article 12, as interpreted by General Comment No. 1?
State in your own words, as if you are explaining to someone who is not a lawyer, the key components of the right to legal capacity under General Comment No. 1.
(c) Tina Minkowitz 2017