This document was prepared jointly by the European Disability Forum, the European Network on Independent Living, Inclusion Europe, Mental Health Europe and AGE Platform Europe. It is also endorsed by the European Council of Autistic People.
It provides our position and red line for the trilogue negotiations on the Regulation.
Our organisations recognise the importance of conflict-of-laws legislation to provide legal certainty, avoid gaps, and ensure uniform application of international law, including in the EU. We regret that the Commission’s proposal on the Protection of Adults in Cross-Border Situations contained provisions misaligned with human rights law, risking violations of the rights of older people and persons with disabilities.
We welcome the European Parliament and Council’s efforts to better align the Regulation with the UN Convention on the Rights of Persons with Disabilities (CRPD), including:
- Incorporating supported decision-making measures and powers of representation
- Removing protection registers and deleting articles 3(12), 45–48
These changes safeguard autonomy, legal capacity, and privacy, in line with the CRPD and GDPR principles.
We call on the negotiators to:
- Ensure the protection of people’s rights by recognising and focusing on supported decision-making measures and mechanisms
- Guarantee that cross-border placements measures are only possible when they are based on the choice, autonomy and support of the persons and that they do not apply to placement of persons with disabilities in institutions
- Ensuring the privacy of citizens covered by the Regulation
Read the complete joint position below