Legal capacity of persons with intellectual disabilities and persons with mental health problems - Factsheet

October
2013
This factsheet explains what is legal capacity and summarises the analysis of international and national standards on legal capacity of persons with mental health problems and persons with intellectual disabilities.
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Some 80 million persons with disabilities live in the European Union (EU). Many have had their legal capacity restricted or removed, hindering their ability to live independently and take decisions about their lives.

The analysis of international and national standards on legal capacity of persons with mental health problems and persons with intellectual disabilities provide valuable evidence that EU Member States can take into account when seeking to harmonise their legal frameworks with CRPD requirements. In keeping with the CRPD, this process should actively involve persons with disabilities through their representative organisations.

The consequences of restrictions of legal capacity described during FRA interviews with persons with mental health problems and
persons with intellectual disabilities underline the influence that legal capacity legislation can have on the everyday lives of persons with disabilities.