Inclusion Europe Position Paper on Supported Decision Making
On 12 May 2008, in New York the United Nations will celebrate the entry into force of the Convention on the Rights of Persons with Disabilities. Being the first human rights document of the century, it demands a full recognition of persons with disabilities before the law. However, people with intellectual disabilities still experience discrimination under systems of legal guardianship in Europe, contrary to Article 12 of the new Convention.
To address this disparity, Inclusion Europe has launched a Position Paper that explains the operating principles of a system which supported disabled people in making decisions, but ensures their full legal capacity to act. The Position Paper on Supported Decision-Making identifies eight key elements that should be considered in the process of implementaton of Article 12, in order to make it it a tool that effectively promotes the rights of persons with intellectual disabilities.
"Equal recognition before the law and legal capacity are far from being merely abstract legal concepts" remarks Ingrid Körner, President of Inclusion Europe: "They affect everyday decisions such as applying for a job, deciding where and with whom to live, or getting married. In short, all decisions which most people take for granted."
Inclusion Europe takes a holisitic approach to these questions. As well as undertaking essential law reforms, Inclusion Europe encourages State Parties to:
- promote self-advocacy and self-determination of disabled people,
- promote the use of adapted communication methods for those who cannot speak,
- create processes for the selection, registration and training of supporters, and
- to implement safeguards as protection from abuse.
"Article 12 of the UN Convention must be implemented in a full and meaningful way to make this key human rights document relevant and ensure full legal capacity for people with intellectual disabilities" concludes Ingrid Körner. The Position Paper is available for download at http://www.inclusion-europe.org/documents/Position Supported Decision Making EN.pdf
Source: E-Include