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THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND THE LEGAL CAPACITY OF PERSONS WITH PSYCHOSOCIAL DISABILITIES

CONTEMPORARY CHALLENGES

Authors

  • Sandra Fabijanić Gagro University of Rijeka, Faculty of Law
  • Marissabell Škorić University of Rijeka, Faculty of Law

Keywords:

Convention on the rights of persons with disabilities; people with psychosocial disabilities; legal capacity; states’ reports; substitute and supported decision-making.

Abstract

The first international document to be adopted in the field of human rights protection in the 21st century was the Convention on the rights of persons with disabilities. It imposes on its parties the obligation to create conditions that will enable persons with psychosocial disabilities to finally exercise their rights, will, and preferences on an equal basis with other members of society. The paper is divided into two parts: the first presents the new concept of legal capacity prescribed in Art. 12, in which the role of the state is seen through the commitments to implement faster and more efficient paradigm shifts in the approach to protecting the rights of these persons and the shift from substitute to supported decision-making. The second part deals with the interpretation and application of Art. 12 in the States Parties. Special attention will be paid to the challenges faced by states and how successfully they meet their obligations under the Convention through the elaboration of individual states’ reports on the implementation of Art. 12 and the views and recommendations of the Committee for the protection of persons with disabilities.

Additional Files

Published

2021-02-02 — Updated on 2021-02-22

Versions

How to Cite

Fabijanić Gagro, S., & Škorić, M. (2021). THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND THE LEGAL CAPACITY OF PERSONS WITH PSYCHOSOCIAL DISABILITIES : CONTEMPORARY CHALLENGES. Collected Papers of the Law Faculty of the University of Rijeka, 41(3), 759–780. Retrieved from https://hrcak.srce.hr/ojs/index.php/zpfsr/article/view/14464 (Original work published February 2, 2021)

Issue

Vol. 41 No. 3 (2020): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

License

Copyright (c) 2021 Collected Papers of the Law Faculty of the University of Rijeka

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