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26 May 2012 Maria Liisberg, PhD , Teamleader

26 May 2012 Maria Liisberg, PhD , Teamleader. Legal Capacity – challenges in realising CRPD. National Human Rights Institution since 1987 Disability mandate since 2011 Promote, protect and monitor implementation of CRPD First study: legal capacity.

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26 May 2012 Maria Liisberg, PhD , Teamleader

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  1. 26 May 2012Maria Liisberg, PhD, Teamleader Legal Capacity – challenges in realising CRPD

  2. National Human Rights Institution since 1987 • Disability mandate since 2011 • Promote, protect and monitor implementation of CRPD • First study: legal capacity

  3. Three major shifts under UN Disability Convention: • Focus on social barriers • Recognition of autonomy and self-determination • Involvement of disability organisations

  4. What is Legal capacity? • Capacity to make legally binding decisions alone • personal sphere: marriage, where you live… • economic sphere: take loan, buy property, take job

  5. CRPD Article 12 • Equal basis w others • Support rather than substitution • Safeguards

  6. Challenges in Denmark • Little possibility for tailor-made limitations in legal capacity • No automatic re-assessment • No policies to strengthen self-determination • Related areas: voting and sterilisation

  7. Sweden – Good example • Most common: Supported decision-making, by court, always voluntary, full legal capacity (godmandskap) • Rarely: Guardianship, by court, not always voluntary, only when supported decision-making is insufficient, limitation in legal capacity, reviewed annually (förvaltare) • Total: around 90.000 in Sweden • Professional personal agents (personligtombud, see COE issue paper)

  8. Way forward • laws: focus on supported decision-making, safeguards, tailor-made solutions • Guidelines for implementation with focus on self-determination • Awareness-raising and education

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