United Nations


Convention on the Rights of Persons with Disabilities

Distr.: General

26 January 2018

Original: English

Committee on the Rights of Persons with Disabilities

Eleventh session

31 March–11 April 2014

General comment No. 1 (2014)

Article 12: Equal recognition before the law


Paragraph 27

For the existing text substitute

27.Substitute decision-making regimes can take many different forms, including plenary guardianship, judicial interdiction and partial guardianship. However, these regimes have certain common characteristics: they can be defined as systems where: (a) legal capacity is removed from a person, even if this is in respect of a single decision; (b) a substitute decision maker can be appointed by someone other than the person concerned, and this can be done against his or her will; or (c) any decision made by a substitute decision maker is based on what is believed to be in the objective “best interests” of the person concerned, as opposed to being based on the person’s own will and preferences.