A/HRC/37/56
therefore important that notaries understand the recognition of universal legal capacity and
the support paradigm brought forward by the Convention, in order to ensure that their work
does not translate into a de facto restriction of legal capacity. They must also receive
appropriate training in the provision of accessibility measures and reasonable
accommodation.
78.
The role of academia in promoting the right to legal capacity of persons with
disabilities is critical, particularly in education, research and innovation. Universities should
review their curricula to ensure that the education they offer adequately reflects the
innovations of the Convention in relation to the legal capacity of persons with disabilities.
They can also support the implementation and evaluation of supported decision-making
initiatives. The direct involvement of persons with disabilities with and within academia,
and the development and strengthening of critical studies based on the perspectives of
persons with disabilities, can strengthen the capacity of universities to identify challenges
and propose better solutions.
G.
Awareness-raising
79.
A cultural change in how persons with disabilities are perceived by their
communities is essential for ensuring that the decisions of persons with disabilities are
respected. States must adopt immediate, effective and appropriate measures to raise
awareness throughout society, including at the family level, regarding the abilities and
rights of persons with disabilities. States should also take measures to combat stereotypes,
negative attitudes and harmful and involuntary practices against persons with disabilities in
all areas of life, and promote the support paradigm in decision-making. Persons with
disabilities must not be seen as objects of care, but rather as rights holders in the same way
as every member of society (see A/71/314, para. 74).
H.
Resource mobilization
80.
States have an obligation to mobilize resources to their maximum availability to
ensure access to the right to legal capacity, including funding supported decision-making
initiatives, research, training and awareness-raising campaigns. States must also refrain
from funding any act or practice that is inconsistent with the right to legal capacity of
persons with disabilities and ensure that the public authorities, service providers and other
stakeholders act in conformity with it. Retrogressive measures that affect access to support
for persons with disabilities in different areas of life, such as cuts or reductions in subsidies
for community support services, in-home services and personal assistance, can also impact
the exercise of the right to legal capacity.
81.
The United Nations, including all its programmes, funds and specialized agencies,
should increase the awareness and expertise of its staff in relation to the right to legal
capacity of persons with disabilities. International cooperation should also consider
increasing funding for the design and development of supported decision-making
initiatives, ensuring that those interventions are consistent with the human rights of persons
with disabilities.
VI. Conclusions and recommendations
82.
Throughout history, legal capacity has been denied to many persons with
disabilities, who have therefore been deprived of the exercise of their rights. While the
practice has been widely accepted and viewed as necessary to protect both the
individuals concerned and society, it has proved to be wrong. Denial of legal capacity
takes away people’s control over their everyday lives and significantly reduces their
opportunities to participate in society. Furthermore, it has legitimized and facilitated
the continuation of harmful practices, such as coercion, institutionalization and
sterilization, prompting the ultimate objectification of persons with disabilities.
Against that background, the Convention on the Rights of Persons with Disabilities
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