1. Hasan Bermek Office of the Council of Europe Commissioner for Human Rights www.commissioner.coe.int Copenhagen, 8 June 2012

2. Overview: Council of Europe Commissioner for Human Rights Independent, impartial, non-judicial institution established in 1999 Promotes awareness of and respect for human rights in the 47 member states Elected for a non-renewable term of 6 years (Nils Muižnieks since April 2012)

3. Overview Country monitoring Thematic work NHRSs and HRDs Awareness Raising

4. Commissioners recent work on disability Human Rights comment on the right to vote Issue Paper on Legal Capacity Issue paper on Community Living

5. Why is legal capacity important? affects all significant life choices taken for granted for every adult, but questioned for people with disabilities 100 000s of individuals with intellectual or psychosocial disabilities affected in Europe

6. Substituted decision making – false premises The idea of a Rational and reasonable person is a myth Everyone relies on external support to make decisions Everyone has a right to take risks, make mistakes, and learn from them (or not)

7. Problems with substituted decision making discriminatory disrespectful and paternalistic fosters dependency and helplessness facilitates abuse and neglect creates stigma violates agreed human rights standards!

8. Relevant human rights standards Article 12 of the CRPD European Convention on Human Rights (and the case-law of the Strasbourg court) – Shtukaturov v. Russia (plenary guardianship) – Stanev v. Bulgaria (partial guardianship) Other Council of Europe standards

9. Commissioners Recommendations to member states(1/2) Review legislation on legal capacity; Abolish full incapacitation/plenary guardianship; Prevent automatic deprivation of rights because of a disability; Guarantee the right to challenge guardianship effectively; End voluntary placements against the persons will;

10. Commissioners Recommendations to member states(2/2) Develop supported decision making alternatives; Robust safeguards to ensure that support: – respects the recipients and their preferences; – is free of conflicts of interests; – is subject to regular and fair judicial review; Service providers must provide reasonable accommodation; Involve persons with intellectual and psychosocial disabilities in the reform process.