CRPD concluding observations 2017, paragraph 31
Plain English recommendation
Put an end to all forms of substituted decision-making, by changing or introducing laws and policies on mental capacity and mental health in consultation with disabled people’s organisations. Improve supported decision-making rules through research and good practices. Consider UN advice on equality before the law. Ensure disabled asylum seekers and refugees can exercise all CRPD rights.
Original UN recommendation
The Committee recommends that the State party, in close consultation with organizations of persons with disabilities, including those representing persons from black and minority ethnic groups and in line with the Committee’s general comment No. 1 (2014) on equal recognition before the law, abolish all forms of substituted decision-making concerning all spheres and areas of life by reviewing and adopting new legislation in accordance with the Convention to initiate new policies in both mental capacity and mental health laws. It urges the State party to step up efforts to foster research, data and good practices in the area of, and speed up the development of, supported decision-making regimes. It recommends that the State party ensure that asylum seekers and refugees with disabilities can exercise all rights enshrined in the Convention.
Date of UN examination
UN article number
12 (equal recognition before the law)