Project:
What does the Implementation of Article 12 of the CRPD demand of State Parties?

There are two competing approaches, substitute and supported decision-making in relation to the compliance of Article 12 (equal recognition before the law) of the UN Convention on the Rights of Persons with Disabilities (CRPD). The main objective of this study is to provide the best interpretation of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD) and in light of that interpretation, to address the question, what do States need to do to comply with their obligation under Article 12, with respect to persons with intellectual impairments in relation to medical and social decision-making.

The specific aims of the study are: (a) is to provide the best interpretation of Article 12, specially addressing the distinction between substitute and supportive decision-making, (b) to compare and analyze the law on decision-making in five countries as it applies to persons with intellectual impairment, in order to determine:1) how close these countries are to satisfying their Art. 12 obligations; and 2) what legal and other changes would be required to do so, and finally, (c) to propose a set of criteria for medical and social decisions for individuals with intellectual impairments with compromised competence, that complies with Article12.