Abstract
The right to legal capacity allows individuals to make decisions that have legal effect. Nearly all European states have to respect this right under the Convention on the Rights of Persons with Disabilities (CRPD) and the European Court of Human Rights (ECtHR). This article aims to examine the extent to which the
approaches of the CRPD and ECtHR to legal capacity correspond with the context of dementia. Persons with dementia may face specific challenges when exercising legal capacity, relating to their dynamic and deteriorating condition and potentially changing wishes and preferences. Several statements of the CRPD Committee seem to misalign with these challenges. Nevertheless, this Committee may have paved the way for considerable research into the practical value of different kinds of support for persons with dementia. Finally, the article also shows that there is much to be gained for NGOs representing this group when it comes to participation and strategic litigation in the proceedings of both the CRPD Committee and the ECtHR.
approaches of the CRPD and ECtHR to legal capacity correspond with the context of dementia. Persons with dementia may face specific challenges when exercising legal capacity, relating to their dynamic and deteriorating condition and potentially changing wishes and preferences. Several statements of the CRPD Committee seem to misalign with these challenges. Nevertheless, this Committee may have paved the way for considerable research into the practical value of different kinds of support for persons with dementia. Finally, the article also shows that there is much to be gained for NGOs representing this group when it comes to participation and strategic litigation in the proceedings of both the CRPD Committee and the ECtHR.
| Original language | English |
|---|---|
| Pages (from-to) | 525-541 |
| Journal | European human rights law review |
| Volume | 2024 |
| Issue number | 6 |
| Publication status | Published - 2024 |