Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 69
Paragraphe
Paragraph text
In its draft general comment on article 12, the Committee on the Rights of Persons with Disabilities states that the recognition of equal legal capacity for persons with disabilities is a key principle that is inextricably linked to the enjoyment of other rights, including the freedom of association and the right to participate in political and public life (CRPD/C/11/4, paras. 44-45). Legal capacity is distinguished from mental capacity, with the former referring to the ability to hold rights and duties and the ability to exercise those rights and duties (ibid., para. 12). The paradigm shift in perceptions of the legal capacity and equality before the law for persons with disabilities, brought about by the Committee on the Rights of Persons with Disabilities, has not yet become entrenched in practice. The shift from substitute decision-making to supported decision-making has profound implications on how and with whom persons with disabilities associate.
Status juridique
Non-negotiated soft law
Organe
Special Rapporteur on the rights to freedom of peaceful assembly and association
Type de document
Special Procedures' report
Mode d'adoption
N.A.
Thèmes
Equality & Inclusion
Governance & Rule of Law
Personnes concernées
Persons with disabilities
Année
2014
Type de paragraphe
Other
Reference
SR Freedom of Assembly, Report to the HRC (2014), A/HRC/26/29, para. 69.