The right to make decisions and control our own lives is a fundamental human right, yet it is often denied to persons with disabilities. Many cases of human rights violations are reported across the EU, based solely on the assumption that they cannot make decisions for themselves.
We call for this right to be fully recognised and respected.
Legal capacity is the right to be recognised before the law, make decisions, and speak on one’s own behalf. It’s an inherent right to all, that should be respected equally and everywhere in the EU. It is fundamental to exercising civil, political, economic, social, and cultural rights.
Article 12 of the UN CRPD affirms that persons with disabilities have the right to legal recognition and decision-making “on an equal basis with others in all aspects of life.” This right is essential for meaningful participation in society.
Persons with all types of disabilities can be subject to denial of legal capacity. However, some groups are more at risk:
Depriving persons with disabilities of legal capacity violates fundamental human rights, including freedom from abuse, freedom of expression, access to justice, independent living, privacy, health, employment, and participation in political and public life, such as voting or holding office.
Despite this, many barriers continue to hinder the exercise of legal capacity, leading to widespread rights violations. These barriers include:
An estimated 1.5 million persons with disabilities in the EU is living segregated in institutions, denied their independence.
Despite regulations clarifying that EU funds should not be used for institutional care, investments continue.
EDF advocates for no EU funds for institutions and a shift to community-based services and independent living.
Forced sterilisation remains legal at least in 12 EU countries.
This widespread abuse, especially against women and girls with disabilities, causes lifelong trauma.
We call on EU Member States to criminalise forced sterilisation and protect them from this procedures, which occurs without free, prior, and informed consent.
EDF is deeply concerned about the Proposal for a Regulation on cross-border protection of adults.
This proposal primarily affects persons with disabilities and older adults deemed “unable to protect their own interests” in situations like owning assets, seeking medical care, or relocating within the EU.
We are especially concerned about legal capacity deprivation, unclear supported decision-making, and cross-border placements in institutions.
Our 2024 Human Rights Report found that no EU Member State fully complies with Article 12 of the UN CRPD, which guarantees legal capacity. All still allow the partial or complete deprivation of legal capacity for persons with disabilities.
