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Article 13 - Access to justice

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Fifth Session



Consolidation of proposals submitted by the Facilitator


Article 9
Equal Recognition as a Person before the Law
Facilitator proposal as of 2 February 2005


1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as a person before the law.

2. States Parties shall recognize that persons with disabilities are entitled to enjoy legal capacity, on an equal basis with others, in all fields, and shall:

a) ensure that, where support is required in order to exercise that capacity, it is proportional to the degree required, is tailored to the person's circumstances, does not undermine the rights of the person, respects the will and preferences of the person, and is free from conflict of interest and undue influence;

b) ensure that where support requires, as a matter of last resort, the appointment of a personal representative then such action shall only be taken in exceptional circumstances prescribed by law and its use shall be minimized through the active promotion of alternatives;

c) ensure that persons with disabilities have access to effective mechanisms to review arrangements for support, including periodic review and, where appropriate, review by a competent, impartial and independent authority.






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