Equal recognition before the law 2014, para. 21
Paragraph- Paragraph text
- Where, after significant efforts have been made, it is not practicable to determine the will and preferences of an individual, the "best interpretation of will and preferences" must replace the "best interests" determinations. This respects the rights, will and preferences of the individual, in accordance with article 12, paragraph 4. The "best interests" principle is not a safeguard which complies with article 12 in relation to adults. The "will and preferences" paradigm must replace the "best interests" paradigm to ensure that persons with disabilities enjoy the right to legal capacity on an equal basis with others.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Paragraph type
- Other
- Reference
- CRPD General Comment No. 1, Equal recognition before the law (2014), para. 21.
- Paragraph number
- 21
sorted by
Date added
62 relationships, 62 entities