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Executive Summary - EDF Human Rights Report on legal capacity: Personal choice and control

Executive Summary - EDF Human Rights Report on legal capacity: Personal choice and control

Legal capacity is a fundamental human right, enabling individuals to make decisions and exercise control over their lives. Despite the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) by all European Union (EU) member states, many persons with disabilities continue to face significant barriers in exercising their legal capacity.

Our Human Rights Report highlights the current legal frameworks, challenges, and human rights violations faced by persons with disabilities in Europe. It also gives recommendations for policymakers to address these issues effectively.

Key findings

  • Deprivation of legal capacity leads to various human rights violations, including coercion, abuse, and segregation.
  • While legal capacity is protected under the CRPD, the report identifies persistent gaps and inconsistencies in its implementation across EU member states.
  • Full deprivation is allowed in 12 member states, while 9 member states allow for partial guardianship or similar systems. Additionally, 6 member states have nearly abolished guardianship but maintain exceptions in specific cases.
  • The report notes some progress in creating supported decision-making systems to uphold the rights and autonomy of persons with disabilities. 13 EU member states have established these systems by law, with others implementing informal programs.

Read the complete executive summary below

The Executive Summary of the report is also available in plain language. Pease note that the full report will be available soon.