Stakeholders discuss reforms of legal capacity legislations

Legal capacity means that you can take important decisions in your life. For example, you can vote, get married or sign a contract. Legal capacity allows you to enjoy many rights. But many people with intellectual disabilities do not have legal capacity. There was a meeting  to talk about how we can make sure everyone has legal capacity. Inclusion Europe organised this meeting.

23 November, Brussels: Under the auspices of Olga Sehnalová MEP (Social Democrats), Inclusion Europe organised a roundtable meeting of stakeholders in legal capacity and supported decision-making in the European Parliament. Representatives from national administrations, EU institutions, governmental and non-governmental organisations met to discuss one of the most important topics for people with intellectual disabilities and their families.

Legal capacity is a key to the exercise of a whole range of other rights, including the right to vote or get married.  According to Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, governments must not only ensure that all people with disabilities enjoy their legal capacity, they also have to provide them with adequate support to exercise this right. Yet a considerable number of people with intellectual disabilities experience limitation or deprivation of their legal capacity.

With the EU and most of its member states having concluded the United Nations Convention on the Rights of Persons with Disabilities, reform of national legislations to comply with Article 12 is of major importance for members of Inclusion Europe.

The Convention introduces a fundamental shift from substitute decision-making, where rights are transferred to other person, to supported decision-making. For many, this is a rather new concept, even though, as pointed out by Inclusion Europe’s President Maureen Piggot, “it has always been happening – starting with a family or in services.” Disability shall never be a reason for incapacitation and models based on principles of full personhood, self-determination and individual support as needed are required.

“It is of utmost importance to challenge the prejudice of incapacity and change it to presumption of capacity,” Ms. Piggot said. In the model of supported decision-making implemented in British Columbia, Canada; capability is determined by will, feelings and trust. These factors are determining capability, instead of the traditional test of capability.

During the meeting, participating stakeholders emphasised the need for:

• Capacity-building to support the self-advocacy movement
• Mainstreaming the provisions of reasonable accommodation in all areas of legislation
• Collaboration between support services and legal professionals, allowing for adequate assessment of quality and extent of support
• Establishment of safeguards such as trust and support network

International exchange of good practice was deemed by many as the way forward. Inclusion Europe’s Working Group on Human Rights and Non-Discrimination is aware of the need to bring this concept closer to people and offers a platform for discussion on how these models look like.  

Olga Sehnalová stressed in her opening speech that: "The European Parliament is a place where the rights of people with disabilities are taken very seriously and enjoy constant attention. Now in my country, after more than forty years we are in the process of passing a new civil code. In the draft of the new civil code we abandon the concept of full deprivation of a person’s legal capacity."