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United Nations Disability Convention Article 12

Article 12 in the new United Nations Disability Convention is considered a significant step toward establishing the human rights of those who have been discriminated against because of mental disability label, such as through forced psychiatric procedures. Here is the text of Article 12.

Article 12 - Equal recognition before the law

1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.

2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.

3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.

4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person’s rights and interests.

5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.

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Ted Chabasinski

Ted received electroshock at the age of six, and spent 10 years of his youth locked up inside a state psychiatric institution. He became a psychiatric survivor movement leader in 1971, and later became an attorney. He has served on the board of MindFreedom International for several years. (Photo by Tom Olin)
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