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Legal Capacity Right to Vote Involuntary placement and involuntary treatment

The rights of persons with disabilities to participate and be included in community life Gabor Gombos, member of the UN CRPD Committee. Legal Capacity Right to Vote Involuntary placement and involuntary treatment

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Legal Capacity Right to Vote Involuntary placement and involuntary treatment

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  1. The rights of persons with disabilities to participate and be included in community lifeGabor Gombos, member of the UN CRPD Committee Legal Capacity Right to Vote Involuntary placement and involuntary treatment What has the UN Committee on the Rights of Persons with Disabilities have said so far?

  2. Legal Capacity The Committee notes with concern that legislation of the State party (article 7 of the Constitution and articles 564 and 565 the Civil Code) is not in conformity with article 12 of the Convention, as it establishes substitute decision-making instead of supported decision-making and permits the suspension of civil rights of persons with disabilities in cases of judicial interdiction. The Committee is also concerned at the lack of information concerning the number of persons who have been subjected to guardianship and trusteeship and the lack of legal remedies and safeguards, such as independent review and right to appeal, that are in place in order to revoke those decisions. The Committee recommends that the State party abolish the practice of judicial interdiction and review the laws allowing for guardianship and trusteeship to ensure their full conformity with article 12 of the Convention and take action to replace regimes of substitute decision-making by supported decision-making, which respects the person’s autonomy, will, and preferences. (Concluding Observations, Peru)

  3. Legal Capacity The Committee is concerned that the State party’s Civil Code denies the ability to exercise the right to marry to the “deaf-mute, blind-deaf and blind-mute persons, as well as to mentally handicapped persons and those suffering from mental deterioration”. The Committee urges the State party to amend the Civil Code in order to adequately guarantee the exercise of civil rights, in particular the right to marry, to all persons with disabilities (Concluding Observations, Peru)

  4. Right to Vote The Committee is concerned that the right to vote of persons with intellectual or psychosocial disabilities can be restricted if the person concerned has been deprived of his or her legal capacity, or has been placed in an institution. It is further concerned that the deprivation of this right appears to be the rule and not the exception. It regrets the lack of information on standards of evidence or grounds, and criteria used by judges when depriving persons of their right to vote. It notes with concern the number of persons with disabilities denied their right to vote. The Committee recommends that all relevant legislation be reviewed to ensure that all persons with disabilities, regardless of their impairment, legal status or place of residence, have the right to vote and participate in public life on an equal basis with others. The Committee requests the State party to amend article 3 of Organic Act 5/1985, which allows the denial of the right to vote based on individualized decisions taken by a judge. The amendment should ensure that all persons with disabilities have the right to vote. Furthermore, it is recommended that all persons with disabilities who are elected to a public position are provided with all required support, including personal assistants. (Concluding Observations, Spain)

  5. Involuntary placement and involuntary treatment The Committee notes with concern that article 11 of the General Health Law No. 26842 permits involuntary detention for people with "mental health problems”, defined to include people with psychosocial disabilities as well as persons with a “perceived disability” (persons with a drug or alcohol dependence) The Committee calls upon the State party to eliminate Law 29737 which modifies article 11 of the General Health Law, in order to prohibit the deprivation of liberty on the basis of disability, including psychosocial, intellectual or perceived disability. (Concluding Observations, Peru)

  6. Involuntary placement and involuntary treatment The Committee is concerned at consistent reports of the use of continuous forcible medication, including neuroleptics, and poor material conditions in psychiatric institutions, such as the hospital Larco Herrera, where some persons have been institutionalized for more than ten years without appropriate rehabilitation services. The Committee urges the State party to promptly investigate the allegations of cruel, inhuman or degrading treatment, or punishment in psychiatric institutions, to thoroughly review the legality of the placement of patients in these institutions, as well as to establish voluntary mental health treatment services, in order to allow the persons with disabilities to be included in the community and release them from the institutions. (Concluding Observations, Peru)

  7. Forced sterilization The Committee is deeply concerned that, according to the technical Norm for Family Planning 536/2005 - MINSA from 26 July 2005, persons with “mental incompetence” can be sterilized without their free and informed consent, as a method of contraception. The Committee urges the State party to abolish administrative directives on forced sterilization of persons with disabilities. (Concluding Observations, Peru)

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