SUPPORTED DECISION MAKING A PROJECT OF PARIVAAR VIJAY KANT COM, PARIVAAR

Article 12 of UNCRPD What steps should be taken in law and policy reform to enable adults with intellectual and developmental disabilities the opportunity to enjoy full legal capacity, so that they can have all the rights enshrined in the CRPD? What does Article 12 require of States Parties in this regard? Non-discrimination in recognizing personhood and legal capacity Access to supports to exercise legal capacity – in all areas Safeguards for legal measures that limit/remove legal capacity.

Supported decision-making means a. That the adult retains full legal capacity. b.A supporting group or network is recognized. These supporters are not appointed against the adult’s will. c.Supported decision-making is based on a relationship of trust between the adult and the supporters. A court or other authority cannot create such relationship, only recognize its existence. d.Supporters do not make decisions on behalf of the adult; instead, their role is to assist the adult in reaching his/her own decisions.

e. The supporters must take the adult’s wishes and interests into account. They may not exercise any undue pressure toward the adult. The supporters may not obtain undue advantages from the adult’s legal transactions or statements. f.Supporters are entitled to participate and provide advice whenever an adult is negotiating a contract, is conducting a legal transaction with some agency/authority or is a participant in court or administrative proceedings. g. A third party (e.g. a bank) entering into a legal relationship with the adult may contact the supporters to counter-sign the contract. When counter-signing any document, supporters must specify in writing the role that they played.

LAW AND POLICY REFORMS – Re-defining capacity – Reasonable Accommodation: – Reforming substitute decision making : – Arrangements for Supported Decision Making : – ‘Freedom of contract’ and contract law

What PARIVAAR IS DOING ? Parivaar in association with National Trust, Inclusion International, DRF International Agencies undertaken The Supported Decision Making Pilot Project (SDM) in Bangalore, Dehradun, Bhilai, Bhubaneswar and Hyderabad Purpose: to demonstrate Supported Decision Making as a model of of decision making as a alternative to guardianship and thus empowering adults with intellectual disabilities to make choices in their live. It aims at preparing the community (parents, siblings, immediate community and local leaders and building a support network for assisting the individual in exercising legal capacity.. Developing a support networks around adults with intellectual and developmental disability.

DEHRADUN Inclusion International – Parivaar

Bhubaneswar Twenty individuals from Bhubaneswar, Rourkela, Cuttack were seleted to be part of the SDM project

Bhilai, Chhatisgarh Twenty adults have been chosen

Bangalore Twenty adults have been Chosen for the project.

supported decision making Assistance to make, communicate and act on decisions about: – personal care – finances – health care – to make an oath, give evidence, direct legal counsel – For this Self advocacy movement to improve the capacity for decision making.

How does it work & Actors? Establish Steering Committee Define Role of Lead Community Organization Identify possible participants Invite participation of individuals and families Develop individual support networks for each participating adult with an intellectual disability

Person selects Representatives/Assistants Develop individual plans Put the plans into action and develop community capacity/resources – make decisions/enter agreements as needed Support – to the supported decision making networks (Ongoing) Track process and progress, identify lessons, and make recommendations for sustainability and expansion, Develop universally applicable mechanism for replication

Conclusion The most important thing is to recognize that where we are today is already a testimony to the empowerment of a community that has a long history of disempowerment. It’s the drive and commitment of the disabilities community itself that was the greatest impetus towards the content of the treaty and the fact that it has now such broad-based recognition. Louise Arbour, United Nations High Commissioner for Human Rights “Achieving rights for people with disabilities is an ongoing challenge. This Convention will serve as a road map and a reference point in the pursuit of opportunity and the creation of a society where access, fairness and equality are available to all people with disabilities …..Graham Edwards, MP (Australia) Our government, its autonomous institutions, professionals should be mindful of the import of these statements when they are planning, amending or creating any policy – i.e. inclusion of people with disabilities and their families. It is not an act of charity but a matter of right.