Interpreting Article 12 so as to deny the right to legal capacity. Polish law allows legal capacity to be fully denied (resulting in guardianship) or partially restricted (resulting in ‘curatorship’): there are no alternatives. Deprivation of legal capacity has serious consequences on the rights of people placed under guardianship, since the individual is prohibited from getting married, voting, choosing where to live, or accessing justice. When Poland ratified the CRPD in 2012 it made an ‘interpretative declaration’ on Article 12 stating that full deprivation of a person’s legal capacity can be regarded as a proper measure when “a person suffering from a mental illness, mental disability or other mental disorder is unable to control his or her conduct.” According to the government, deprivation of legal capacity is “a measure indicated in Article 12.4” and can be used “in the circumstances and in the manner set forth in domestic law.” It is the view of MDAC that this kind of interpretative declaration amounts to a reservation in violation of Article 46 of the CRPD according to which “reservations incompatible with the object and purpose of the present Convention shall not be permitted.” MDAC (2013). Legal capacity in Europe
Posted on: Sun, 23 Mar 2014 17:59:59 +0000
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