Removing obstacles to equal recognition for persons with intellectual disability: Taking exception to the way things are

Publication date: Available online 1 May 2018 Source:Alter Author(s): Anne-Marie Callus Article 12 of the Convention on the Rights of Persons with Disabilities challenges the misconception that persons with intellectual disability, among others, are not capable to take decisions for themselves. This paper first considers the right to equal recognition before the law within the light of the General Comment on Article 12 issued by the Committee on the Rights of Persons with Disabilities which emphasises the need to move away completely from substitute decision-making and to promote supported decision-making. The importance of Article 12 within the context of the Convention as a whole is also considered, together with the limited extent to which supported decision-making has been implemented. The paper argues that, with the exception of some jurisdictions, substitute decision-making is still seen as the best way to respond to the support needs of people with intellectual disability. While there are plenty of examples of supported decision-making practices being used in the daily lives of people with intellectual disability, these remain the exception. Crucially, decisions made in this way are not legally valid. What is needed therefore is a recognition that different people can take decisions using different methods, with or without support, and for these methods to become legally recognised.

Source: ALTER - European Journal of Disability Research - June 7, 2018 Category: Disability Source Type: research