Wednesday, 30 April 2014

Equality before the law. Comment from the UN

A recent comment and interpretation of Article 12 of the UN Convention on the Rights of Persons with a Disability, 2006 helps dispel some myths for individuals in their own countries and how the law is applied, is now available.

Article 12 is Equal Recognition before the Law.

In this recent interpretation, the U.N. Committee on the Rights of Persons with Disabilities highlights the importance of supported decision making.

In fact it goes further and states that supported decision making, and access to information to assist the person make a decision is paramount to the interpretation of Article 12.

It states:-

"Supported decision-making must be available to all. A person’s level of support needs (especially where these are high) should not be a barrier to obtaining support in decision-making;
(b)          All forms of support in the exercise of legal capacity (including more intensive forms of support) must be based on the will and preference of the person, not on what is perceived as being in his or her objective best interests;
(c)          A person’s mode of communication must not be a barrier to obtaining support in decision-making, even where this communication is non-conventional, or understood by very few people;
(d)        Legal recognition of the support person(s) formally chosen by a person must be available and accessible, and the State has an obligation to facilitate the creation of support, particularly for people who are isolated and may not have access to naturally occurring supports in the community."   Committee on the Rights of Persons with Disabilities
Eleventh session, 31 March –11 April 2014, General comment No 1 (2014)

The document from the committee also goes through many of the other articles of the convention and how these relate to the interpretation of Article 12.

Read the article from Disability Scoop and the embedded link for further details.

 To assist supported decision making for people with low literacy, access to written information the person can understand is paramount. 

Talk to Cathy about how to meet your obligations for access to written information.


Cathy Basterfield.
0466 579 855.

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