Legal capacity and supported decision making
About this project.
This is a joint project by the Down Syndrome International network for World Down Syndrome Day 2023.
Together, we campaigned for the right to legal capacity, supported decision-making and easy-to-understand communication.
Why we are doing this project.
Many people with Down syndrome around the world are denied legal capacity.
Legal arrangements like guardianship stop people from making their own decisions.
Many people don’t have proper support to make decisions for themselves.
Often information is not presented in an accessible way which makes it difficult for people with intellectual disabilities to understand.
This project contributes to our work on the issue of inclusive organisations.
Legal capacity and supported decision-making.
The United Nations Convention on the Rights of Persons with Disabilities says that people with disabilities have the right to:
“Enjoy legal capacity on an equal basis with others in all aspects of life” and should have access to “the support they may require in exercising their legal capacity.”
Legal capacity means that the law recognises you as a person with rights. It means that everyone can make decisions about important things in their lives.
This video explains, in simple terms, what legal capacity is and the importance of supported decision-making:
Legal capacity is needed for other rights, such as:
- The right to choose where and who you live with.
- The right to make decisions about your healthcare.
- The right to get married and have a family.
- The right to control your own money and own property.
All governments must make sure that:
- People with Down syndrome can make decisions about their lives with appropriate support.
- Safeguards to prevent abuse are proportional, time-limited and subject to regular review.
We have produced an easy-to-understand guide to the campaign:
Our right to easy-to-understand communication.
Easy-to-understand communication is communication that is accessible and in easy-to-understand language.
Using easy-to-understand communication means more people can understand and take part.
We have written an introduction to easy-to-understand communication to explain this in more detail:
In December 2022, the United Nations General Assembly passed a resolution promoting and mainstreaming easy-to-understand communication for accessibility for persons with disabilities.
You can read a plain-language version of the resolution here:
What we are doing.
- Raising awareness around the world on the right to legal capacity and supported decision-making.
- Gathering evidence about legal capacity and supported decision-making around the world.
- Advocating for changes in policy and legislation to promote legal capacity and supported decision-making.
What our Ambassadors think.
We asked our team of Ambassadors questions about legal capacity and supported decision-making:
What do people assume you can't make decisions about?
What decisions are important to you?
How do you like to be supported to make a decision?
The 12th World Down Syndrome Day Conference.
On World Down Syndrome Day, 21 March 2023, we were live at the United Nations in New York, discussing the right to legal capacity, supported decision-making and easy-to-understand communication.
People with Down syndrome and disabilities, supporters and advocates, government and UN officials and NGO representatives shared knowledge, experience and good practice from countries around the world.
Find out more and watch the recording here:
