A/HRC/37/56 reaffirms the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms, and recalls the role of society in ensuring their full enjoyment. States have an obligation to guarantee the full enjoyment of human rights for all persons with disabilities. The recognition of full legal capacity and supported decision-making are necessary steps for making rights a reality, providing persons with disabilities with the freedom and opportunity to live the lives they value. 83. States must pay special attention to the right to legal capacity of persons with disabilities and champion law and policy reforms towards its full implementation. As the present report illustrates, the standards introduced by the Convention are being progressively implemented at the international, regional and national levels. The review of substituted decision-making regimes and the implementation of different forms of supported decision-making in many jurisdictions reveal a gradual but steady paradigm shift. There is a broad range of measures that States can implement to respect and ensure the right to legal capacity of persons with disabilities. However, States and their leaders need to systematize those lessons and turn them into systemic, comprehensive and sustainable policy responses. 84. The Special Rapporteur makes the following recommendations to States with the aim of assisting them in developing and implementing reforms towards the full implementation of the right of legal capacity: (a) Recognize, in domestic legislation, the right of persons with disabilities to legal capacity on an equal basis with others in all aspects of life, and provide them with access to the support they may require in exercising their legal capacity; (b) Conduct a comprehensive law review process to abolish or revoke all laws and regulations that directly or indirectly restrict the legal capacity of persons with disabilities and/or allow for substituted decision-making; (c) Adopt an enabling policy framework to ensure the effective access of persons with disabilities to appropriate supported decision-making arrangements, by (a) establishing a comprehensive system to coordinate access to supported decisionmaking arrangements across the territory, including in rural and remote areas; (b) promoting the establishment and sustained operation of community-based supported decision-making alternatives, including the allocation of resources; (c) implementing or promoting pilot projects and demonstration experiences; and (d) undertaking or promoting research on supported decision-making; (d) Introduce safeguards in the provision of support related to the exercise of legal capacity to guarantee respect for a person’s will and preferences at all times; (e) Guarantee access to effective remedies to all persons with disabilities currently under substitute decision-making regimes and take immediate action to restore their legal capacity, including the adoption of a moratorium on new applications; (f) Promote and provide training on the right to legal capacity of persons with disabilities for State authorities, judges, notaries, service providers, persons with disabilities, their families and other relevant actors; (g) Actively involve and consult with persons with disabilities and their representative organizations in all decision-making processes related to the implementation of the right to legal capacity of persons with disabilities, including law reform, policy development and research; (h) Progressively increase the allocation of funds to ensure access to supported decision-making and refrain from adopting any retrogressive measures that directly or indirectly affect the access of persons with disabilities to support; (i) Encourage international cooperation actors, including non-profit organizations, to fund and carry out research, provide technical assistance on legal capacity law reform and supported decision-making, and refrain from implementing 19

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