Back to: Proposed Modifications by Governments
The African Group is in favour of the alternative language of paragraph 2 of the working text with the following changes:
[2. States Parties shall recognize that persons with disabilities enjoy [ADD: and can exercise] legal capacity on an equal basis with others in all aspects of life.
2 bis. States Parties shall take appropriate legislative and other measures to [DEL: provide access by persons with disabilities to the] [ADD: to ensure that persons with disabilities have the] support they may require in exercising their legal capacity. [ADD: such support measures shall include the assistance required to seek and obtain support.]
2 chapeau: Maintain the footnote on the phrase “legal capacity” in working text and in outcome report of this AHC committee.
2: State Parties shall recognize the legal capacity or potential enjoyed by persons with disabilities on equal basis with others in all aspects of life.
2: bis State Parties shall take appropriate and effective measures to provide access by persons with disabilities to the support they may required in the exercise of legal capacity.
2: ter State Parties shall ensure that where support is required for persons with disabilities to the exercise of legal capacity, it shall respect the will and preferences of the person, be proportional and tailored to the person’s circumstance and free from conflict of interest and undue influence, and apply for the shortest time possible and is subject to impartial and independent review.
At end of this para, ADD “as necessary.”
New 4: In the context of this article, the meaning of “legal capacity” shall be interpreted in accordance with applicable law of state parties.
2ter: State Parties shall ensure that all legislative or other measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible, and are subject to[ADD:, where necessary, regular][DELETE: periodic] impartial and independent judicial review. The safeguards shall be proportional to the degree to which such measures affect the persons’ rights and interests.
2: insert the words “and can exercise” between “enjoy” and “legal capacity”.
2 bis: delete “provide access by persons with disabilities to the” and substitute with the words “ensure that persons with disabilities have the” At the end of the para: ADD: “Such support measures shall include the assistance required to seek and obtain support”.
2 bis. State Parties shall take appropriate legislative and other measures to enable persons with disabilities to fully enjoy the rights contained in this Convention, without prejudice of the differential treatment they may receive in their benefit.
3. Add in the beginning: “Subject to the provisions of this article”.
Qatar on behalf of Bahrain, Kuwait, Oman, Saudi Arabia, Yemen, United Arab Emirates, Egypt
Either to adopt the second alternative suggested in paragraph (2) which states that Legal capacity should be suitable and in accordance with the conditions of the persons with disabilities, or to conclude the paragraph with "according to the generally applied laws."
The Russian delegation is in favour of the alternative text of Para 2.
Para 2 (b) (alternative 2 ter) to change “judicial review” to “review by duly authorized competent national body”