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.
We acknowledge the importance of conflict of laws legislation in ensuring legal certainty, preventing gaps, and promoting uniform application of international law, including in the EU. However, we regret that the proposed Regulation on the Protection of Adults in Cross-Border Situations includes provisions that conflict with international human rights law and risk violating the rights of older people and persons with disabilities in the EU.
The EU and its Member States have ratified the UN Convention on the Rights of Persons with Disabilities (CRPD), which mandates support for decision-making rather than deprivation of legal capacity. While the proposal references the CRPD, several binding provisions fail to align with its obligations.
To ensure compliance with the CRPD and ongoing legal reforms in Member States, we propose amendments to:
- Protect rights through supported decision-making:
- Amend articles on scope, definitions, and references to the HCCH 2000 Convention.
- Strengthen autonomy protections in review processes and representation certificates.
- Restrict cross-border placements to those based on personal choice and support.
- Safeguard privacy by removing provisions on protection registers.
We urge the EU and its Member States to uphold their CRPD commitments and the 2021 Council Conclusions on protecting vulnerable adults.
Read the complete joint
Joint proposed amendments on the Regulation on Protection of Adults (PDF document)
Joint proposed amendments on the Regulation on Protection of Adults (Word document)