Right to legal capacity for persons with intellectual and psychosocial disabilities

Abstract:

This Issue Paper describes the challenges faced by Council of Europe member states in dealing with the issue. These include the flaws of current guardianship systems and procedures, the automatic loss of human rights of those placed under guardianship regimes and the pressing need to develop support alternatives giving persons with disabilities equal opportunities to shape their life paths.
The paper outlines the applicable international human rights framework, including the relevant case-law from the European Court of Human Rights. It concludes with examples of good practice to show the way forward.

Council of Europe: Issue Papers: Right to legal capacity for person with intellectual and psychosocial disabilities [Alternative Link] https://rm.coe.int/ref/CommDH/IssuePaper(2012)2

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