LEGAL CAPACITY SUPPORTED DECISION MAKING

Article 12 of the Convention requires sate parties recognize that persons with disabilities enjoy legal capacity on equal basis with others in all aspects of life and it obliges State Parties to take appropriate measures to provide access by persons with disabilities to the support they may requiere in exercisisn their legal capcity.

This means that governments must recognize that all people even those who have difficulty communicating or being understood by others have the same right to make decisions on their own behalf as anyone else. It also means that governments have a responsibility to provide access to supported decision making not substitute decision making.

Inclusion International members have many good examples of successful models of supported decision making. Governments and advocates are looking for practical knowledge and experiences in supported decision making: Share your stories and experiences here.

What models of supported decision making have you been involved in?

Are these models recognized in law or legislation?

What have been the challenges in supported decision-making practices?

LIVING IN THE COMMUNITY

Article 19 of the Convention recognizes the equal right of persons with disabilities to live in the community. The article is important to people with intellectual disabilities because it recognizes their right to choose where and with whom they live and it gives governments responsibility for providing supports to live in the community.

For many governments this obligation in the Convention will require that they develop plans for deinstitutionalizing people who are excluded from their communities and it will require the development of community capacity to support people to live in the community. Both the process of deinstitutionalization and the process of developing community supports are areas where our members will be called on to provide advice and assistance.

Share your stories about closing institutions and strategies for community inclusion here!!

DISABLED CHILDREN

Article 7 of the Convention states parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. In all actions concerning children with disabilities the best interest of the child shall be a primary consideration.

States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right.

Inclusion International demands that children with intellectual disabilities be recognised as having the same rights as all other children and that they should receive the supports they require to realize those rights.

INCLUSIVE EDUCATION- know your rights

Article 24 requires state parties to “ensure an inclusive education system”. This means that governments must provide education to all children with disabilities through the regular education system with the provision of supports.

Inclusion International has been at the forefront of efforts to promote inclusive education and we have many partners in our efforts to promote good practices in inclusive education. The UN Special Rapoteur on Education in his recent report on the rights of children with disabilities has adopted II’s recommendations for taking steps toward inclusive education.

Many materials and resources that support inclusive education are currently available on the II website and we encourage you to add your materials, stories and knowledge here…..

The new UN Convention contains many provisions that are of critical importance to people with intellectual disabilities and their families…watch this site for opportunities to share knowledge in different areas.