What is the situation worldwide?

EU-PERSON partners meet with global disability rights leaders in Serbia

EU-PERSON partners meet with global disability rights leaders in Serbia

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Although the EU-PERSON project has focused on the Right to Act in the Balkans and Turkey, the problems are not limited to any geographic region.

In spite of the widespread adoption of the CRPD, virtually all countries retain systems that deprive people of their right to act.

For example:

  • In the United Kingdom, a person who is found to lack “mental capacity” can be assigned a “deputy” who is a substitute decision maker. The deputy may make decisions about a person’s money and property, and decide where the person lives.
  • In Ireland, guardianship and legal capacity issues have not been updated since 1871, and are still governed by the “Lunacy Regulation Act”.
  • In Kenya, substitute decision making remains in effect, and a third party may make decisions regarding a person deemed to lack mental capacity without consulting the person.
  • In Colombia, legal capacity is determined solely based on clinical diagnosis, and a person diagnosed with certain psychosocial and intellectual disabilities may be subject to sterilization without consent.
  • In Australia, ‘community treatment orders’ are reportedly applied to people with mental health diagnoses at a greater rate per capita than anywhere else in the world – meaning people face non-consensual psychiatric interventions in their homes and in the community, which have been demonstrated to be ineffective and compromise core human rights.

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This document has been produced with the financial assistance of the European Union. The contents of this document are the sole responsibility of PERSON (Partnership to Ensure Reforms of Supports in Other Nations) and can under no circumstances be regarded as reflecting the position of the European Union.