CRPD/C/GC/1
capacity. States parties are required to make any necessary modifications or adjustments to
allow persons with disabilities to exercise their legal capacity, unless it is a disproportionate
or undue burden. Such modifications or adjustments may include, but are not limited to,
access to essential buildings such as courts, banks, social benefit offices and voting venues;
accessible information regarding decisions which have legal effect; and personal assistance.
The right to support in the exercise of legal capacity shall not be limited by the claim of
disproportionate or undue burden. The State has an absolute obligation to provide access to
support in the exercise of legal capacity.
Article 6: Women with disabilities
35.
Article 15 of the Convention on the Elimination of All Forms of Discrimination
against Women provides for women’s legal capacity on an equal basis with men, thereby
acknowledging that recognition of legal capacity is integral to equal recognition before the
law: “States parties shall accord to women, in civil matters, a legal capacity identical to that
of men and the same opportunities to exercise that capacity. In particular, they shall give
women equal rights to conclude contracts and to administer property and shall treat them
equally in all stages of procedure in courts and tribunals” (para. 2). This provision applies
to all women, including women with disabilities. The Convention on the Rights of Persons
with Disabilities recognizes that women with disabilities may be subject to multiple and
intersectional forms of discrimination based on gender and disability. For example, women
with disabilities are subjected to high rates of forced sterilization, and are often denied
control of their reproductive health and decision-making, the assumption being that they are
not capable of consenting to sex. Certain jurisdictions also have higher rates of imposing
substitute decision-makers on women than on men. Therefore, it is particularly important to
reaffirm that the legal capacity of women with disabilities should be recognized on an equal
basis with others.
Article 7: Children with disabilities
36.
While article 12 of the Convention protects equality before the law for all persons,
regardless of age, article 7 of the Convention recognizes the developing capacities of
children and requires that “in all actions concerning children with disabilities, the best
interests of the child … be a primary consideration” (para. 2) and that “their views [be]
given due weight in accordance with their age and maturity” (para. 3). To comply with
article 12, States parties must examine their laws to ensure that the will and preferences of
children with disabilities are respected on an equal basis with other children.
Article 9: Accessibility
37.
The rights provided for in article 12 are closely tied to State obligations relating to
accessibility (art. 9) because the right to equal recognition before the law is necessary to
enable persons with disabilities to live independently and participate fully in all aspects of
life. Article 9 requires the identification and elimination of barriers to facilities or services
open or provided to the public. Lack of accessibility to information and communication and
inaccessible services may constitute barriers to the realization of legal capacity for some
persons with disabilities, in practice. Therefore, States parties must make all procedures for
the exercise of legal capacity, and all information and communication pertaining to it, fully
accessible. States parties must review their laws and practices to ensure that the right to
legal capacity and accessibility are being realized.
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