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.
This book will tell you about at laws in the European Union. These laws are about being allowed to make important decisions for yourself. This is called legal capacity. Legal capacity means that you are allowed to make important decisions for yourself.
This report analyses the current international and European legal standards and compares EU Member States’ laws in the area of legal capacity. Evidence from fieldwork research supports the legal analysis, providing eloquent testimony to the obstacles many persons with disabilities face in securing equal enjoyment of their fundamental rights.
Mental health problems are experienced by about one in 10 European Union (EU) citizens. Many seek help voluntarily, but some may be placed in institutions or treated without
their consent. This might affect their fundamental rights.
This summary report outlines the findings of interview-based research carried out in 2010 and 2011 in nine EU Member States with persons with mental health problems and persons with intellectual disabilities. The research examined how they experience the principles of autonomy, inclusion and participation in their day-to-day lives.
This report is the second publication from the legal study carried out in the context of the European Union Agency for Fundamental Rights' (FRA) project on the ‘Fundamental rights of persons with intellectual disabilities and persons with mental health problems'.
Under the United Nations Convention on the Rights of Persons with Disabilities (CRPD), people with disabilities are no longer being considered as being unable to play an active role in society. Instead of people with disabilities being viewed as the problems, the barriers they face are clearly recognised as being the source of the problem.