Article 12 Draft Comment Released by CRPD Committee

On 11 April, the CRPD Committee released the advanced unedited draft of General Comment on Article 12. This follows a draft that was released in September 2013.

Article 12 that articulates equality before the law is a basic general principle of human rights protection and is indispensable for the exercise of other human rights. The CRPD Committee has stated in the Comment: “Given the importance of this article, the Committee facilitated interactive fora for discussions on legal capacity.”
This follows initial reports of the different State parties that it has reviewed so far, the Committee had observed that there is a general misunderstanding of the exact scope of the obligations of State parties under article 12 of the Convention. The CRPD Committee goes further to say: “Indeed, there has been a general failure to understand that the human rights-based model of disability implies a shift from the substitute decision-making paradigm to one that is based on supported decision-making.”

The General Comment is to explore the general obligations that State Parties have when considering the legal capacity and the right of equality before the law. To further explore, download here: Article 12 General Comment 1 11 April 2014