Ending cases of people with a disability being deprived of their legal capacity

20.10.2017

Question for written answer E-006578-17
to the Commission
Rule 130
Rosa Estaràs Ferragut (PPE) , Agustín Díaz de Mera García Consuegra (PPE)

According to the European Union’s Fundamental Rights Agency, 80 million people with disabilities live in the European Union and many of these people have either seen their legal capacity restricted or been deprived of it entirely. The UN Convention on the Rights of Persons with Disabilities (CRPD) takes the view that people with disabilities have the same rights as other people. This approach to disability has decisive implications for legislation on legal capacity, as well as for its enforcement.

Article 12 of the CRPD recognises that people with disabilities ‘enjoy legal capacity on an equal basis with others in all aspects of life’ and that disability does not, of itself, constitute grounds for deprivation of legal capacity.

1. What is the Commission’s opinion of restrictions being imposed on the legal capacity of people with disabilities?

2. What will the Commission do to bring an end to cases of people with disabilities being deprived of their legal capacity, and to align itself with the UN Convention on the Rights of Persons with Disabilities?