New report on access to justice and legal capacity of persons with intellectual disabilities in Europe
Published: 02 September 2015
Fegapei is a French organization.
They work with other organizations on a project called AJuPID.
With the AJuPID project, they want to improve access to justice
For this, guardians should not take decision for people with intellectual
People with intellectual disabilities should receive help and support
AJuPID published a report on the support people with intellectual
They made a research in 5 different European countries.They found out that it is still difficult for these countries to change their
laws so that people with intellectual disabilities can actually make decisions
on their own.
Fegapei and other partners recently published a report on access to justice and equal recognition before the law for people with intellectual disabilities as part of the AJuPID project, Access to Justice for People with Intellectual Disabilities. The report highlights the interdependence between laws and policies on legal protection on the one hand and access to justice on the other hand.
People with intellectual disabilities have the right to an equal access to justice and to enjoy legal capacity on an equal basis with others, as stated in Articles 12 and 13 of the United Nations Convention on the Rights of People with Disabilities (UN CRPD). The UN CRPD calls for a transition from a substitute decision-making, involving guardianship or wards of court systems, to a supported decision-making for adults with intellectual disabilities.
Advocating for access to justice for everyone and legal capacity of people with intellectual disabilities in Europe, AJuPID explores ways to ensure the transition promoted in the UN CRPD. The report provides a comparative analysis of laws and policies in 5 European countries: Bulgaria, Finland, France, Hungary and Ireland. In this first stage of AJuPID analysis, the barriers to access to justice are examined while the positive initiatives to enhance the legal capacity of people with intellectual disabilities are highlighted.
Focusing on property law, family law and challenging measures related to guardianship, the research underlines the interrelation between guardianship laws and policies and access to justice for adults with intellectual disabilities. It turns out that an actual shift from a substitutive decision-making process remains a significant challenge for every country even those showing very good signs of advancement. Therefore, AJuPID called attention to the fact that no matter their efforts to improve access to justice and support people with disabilities in their legal capacity, all countries are still dealing with significant uncertainties on how to completely transition from substituted to supported decision-making, as recommended in the UN CRPD.
The results of the second stage of the research will be revealed next fall in a guide of good practices detailing positive examples in Europe in terms of individual assistance of people with intellectual disabilities in the exercise of their rights and the use of their legal capacity. In France, round tables and debates on the daily practices of judicial and legal professionals in regard to Articles 12 and 13 of the UN CRPD addressed to judges and court staff will be organized in collaboration with Fegapei on 10 December.