What the Committee on the Rights of Persons with Disabilities report says.

Taken from the Concluding Observations report, 2021:

Concerns.

• Legal provisions, particularly article 459 of the Civil Code, denying the right of persons with disabilities to equal recognition before the law and establishing deprivation of legal capacity and autonomy through guardianship and wardship on the basis of medical assessments of the person’s mental capacity;
• The absence of supported decision-making mechanisms compatible with the Convention and measures that perpetuate substituted decision-making and fail to recognize the will and preferences of persons with disabilities.

Recommendations.

• Review its understanding of legal protection measures and adopt the human rights model of disability, ensuring the equal recognition of persons with disabilities before the law and repealing provisions allowing for substituted decision-making;
• Redirect organizational and financial resources from substituted decision-making to develop supported decision-making mechanisms that respect the dignity, autonomy, will and preferences of persons with disabilities, regardless of the level or mode of support they may require.