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
Cathy Basterfield.
0466 579 855.
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