Based on standards established in international commitments, these Guidelines to Promote the Political Participation of Persons with Disabilities are a practical resource for OSCE participating States to strengthen the ability of democratic institutions – namely, political parties and parliaments – to engage and empower persons with disabilities in political processes.
This study aims to identify ways and means of implementation of Article 121 of the UN Convention on the Rights of Persons with Disabilities (CRPD) which affirms the right to equal recognition before the law. It represents a paradigm shift to identifying persons with disabilities as subjects with legal rights. There are 4 parts. Firstly, the scope of the obligations contained in Article 12 is analysed. Secondly, the approaches taken by various member States of the Council of Europe to comply with Article 12 of the CPRD by way of law reform and shifts in policies and practices are surveyed. Good practice examples from member States are then provided to demonstrate approaches which show potential for fuller alignment with Article 12. Finally, a recommended set of measures is set out to provide guidance to member States on how best to reform their legal architecture in accordance with the requirements of Article 12.
Article 12. of the UNCRPD wants to ensure that every person with disabilities including people with psychosocial disabilities may enjoy equal recognition before the law which requires legal capacity.
This short animated video seeks to explain what legal capacity is all about and recalls that everyone has the inherent right to make their own choices including people with psychosocial disabilities.
"This Issue Paper describes the challenges faced by Council of Europe member states in dealing with the issue. These include the flaws of current guardianship systems and procedures, the automatic loss of human rights of those placed under guardianship regimes and the pressing need to develop support alternatives giving persons with disabilities equal opportunities to shape their life paths. The paper outlines the applicable international human rights framework, including the relevant case-law from the European Court of Human Rights. It concludes with examples of good practice to show the way forward"
Commissioner DH/Issue Paper (2012)2