LEGAL CAPACITY UNDER ARTICLE 12 OF THE INTERNATIONAL CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: THE (EXCESSIVE?) REQUIREMENTS FOR NATIONAL LAWS

The International Convention on the Rights of Persons with Disabilities includes a set of obligations addressed to the parties, with the aim of ensuring the best possible inclusion of persons with disabilities in social life and the effective, equal enjoyment of their rights. One of the key articles of the Convention is Article 12, which requires measures to be taken to ensure the equal recognition of the legal capacity of persons with disabilities, who must now be supported rather than substituted in their decision-making. However, the strict interpretation of this article by the Convention Committee has created challenges for national legal systems, particularly with regard to the complete abolition of substitute decision-making mechanisms, resulting in calls for a more realistic and practical interpretation of Article 12.