European Human Rights Report, Issue 8, 2024

Legal capacity is a fundamental right that enables individuals to make decisions and control their lives. It is protected by the UN Convention on the Rights of Persons with Disabilities (CRPD), ratified by the EU and its Member States.

Its deprivation infringes on a wide array of inalienable human rights, including freedom from torture, exploitation, and abuse. It also strips persons with disabilities of their rights to justice, liberty, independent living, privacy, and full participation in society. This encompasses access to information, healthcare, employment, relationships, and political engagement, such as voting or holding office.

This report aims to:
aims to:

Clarify the right to legal capacity and the key obligations under the CRPD.
Provide up-to-date information on legal capacity across EU Member States, including current laws, new measures, and policies supporting persons with disabilities in exercising their legal capacity.
Expose how the deprivation of legal capacity is connected to coercion and control over persons with disabilities.
Highlight promising practices in supported decision-making, the collection of free and informed consent, and voluntary support in mental health care.
Offer recommendations for the Council of Europe, the European Union, and Member States. (From the website). Record #8973