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

Taken from the Concluding Observations report, 2017:

Concerns.

• The legislation in the State party that restricts the legal capacity of persons with disabilities on the basis of actual or perceived impairment;
• The prevalence of substituted decision-making in legislation and in practice, and the lack of full recognition of the right to individualized supported decision-making that fully respects the autonomy, will and preferences of persons with disabilities;
• The insufficient support to all asylum seekers and refugees with psychosocial and/or intellectual disabilities in exercising their legal capacity;
• The high number of black people with disabilities who are compulsorily detained and treated against their will.

Recommendations.

• The Committee recommends that the State party, in close consultation with organizations of persons with disabilities, including those representing persons from black and minority ethnic groups and in line with the Committee’s general comment No. 1 (2014) on equal recognition before the law, abolish all forms of substituted decision-making concerning all spheres and areas of life by reviewing and adopting new legislation in accordance with the Convention to initiate new policies in both mental capacity and mental health laws.
• It urges the State party to step up efforts to foster research, data and good practices in the area of, and speed up the development of, supported decision-making regimes.
• It recommends that the State party ensure that asylum seekers and refugees with disabilities can exercise all rights enshrined in the Convention.