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Contribution by Governments

Colombia

Proposed Modifications to Draft Article 9
EQUAL RECOGNITION AS A PERSON BEFORE THE LAW

Colombia - Draft Article 9

EQUAL RECOGNITION AS A PERSON BEFORE THE LAW

States Parties shall:

(a) Recognize persons with disabilities as individuals with equal rights before the law;

(b) Accept that persons with disabilities have full legal capacity on an equal basis except as provided by law;

(c) Ensure that where assistance is necessary to exercise that legal capacity:

(i) The assistance is to the extent possible proportional to the degree of assistance required by the person concerned and tailored to their circumstances, and does not undermine the legal capacity, rights and freedoms of the person;

(ii) Relevant decisions are taken by a competent, (independent) and impartial authority in accordance with a procedure established by law and with the application of relevant legal safeguards (including periodic review)

(d) Ensure that persons with disabilities who experience difficulty in asserting their rights, in understanding information and in communicating have access to assistance to understand information presented to them and to express their decisions, choices and preferences, to participate in all stages of procedure in courts and tribunals, as well as to enter into binding agreements or contracts, to sign documents and act as witnesses;

(e) Take all appropriate and effective measures to ensure the equal right of persons with disabilities to own, inherit, use or otherwise dispose of property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit;

[Proposal by the African Group excluding its paragraph iii)]