Legal capacity is what a person can do within the framework of the legal system. This includes the right to access the judicial system and the legal independence to speak on his or her own behalf. It is the ability to make decisions for and take control over oneself. Various instruments have addressed the issue of legal capacity of persons with disabilities. The trend in recent years favours a supported decision-making regime over a substituted decision-making regime. This section will introduce the concept and status of legal capacity in relation to the rights of persons with disabilities under different regimes, including the United Nations and various regional frameworks.
In this section, you will find legal and other resources on the issue of legal capacity. The legal resources are divided into the following categories:
- International resources, which are arranged by bodies.
- Domestic resources, which are arranged by countries.
Other resources include mainly academic articles and advocacy and training materials relating to legal capacity.