Report – Alternatives to Guardianship

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Alternatives to Guardianship Report

The idea to write this report arose during an Open Society Foundations seminar, which took place in Madrid in 2011 and dealt with possible ways to implement the directives of Article 12 of the United Nations Convention on the Rights of Persons with Disabilities (“CRPD” or “Convention”). Many participants from various countries – including academics and representatives of field organizations – attended this seminar to take part in the efforts to turn all five sections of Article 12 of the CRPD into a legal and practicable reality, each of them in his/her own country. Excitement was in the air. It seemed as though we were on the verge of a revolution that would restore to persons with disabilities one of the basic rights of all human beings: the right to make decisions regarding their own lives.

However, the various representatives kept describing genuine difficulties in recruiting partners for this revolution so long as they could not elaborate on the smallest details of their vision of full legal capacity and demonstrate its practicability.

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