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Rights and legislation

Legal Capacity / Supported Decision-Making

الأهلية القانونية والدعم في اتخاذ القرار

The Convention separates mental capacity from legal capacity and holds that the second cannot be removed on the grounds of the first. The shift is from guardianship, which transfers the decision, to support, which keeps the decision with its owner. The test: who holds the decision in the end?

Full explanation

The Convention separates mental capacity from legal capacity and holds that the second cannot be removed on the grounds of the first. The shift is from guardianship, which transfers the decision, to support, which keeps the decision with its owner. The test: who holds the decision in the end?

Reference

المادة ١٢ من الاتفاقية.