A/HRC/37/56 since it ensures that different points of view are present, reducing the risk of undue influence. In relation to monitoring mechanisms, many existing formalized schemes turn to a third party or independent person, who periodically contacts both the persons receiving and providing support to enquire about how support is provided. That informal type of monitoring is promising, as it avoids bureaucratization. When regulating safeguards, policymakers should strike a delicate balance between ensuring respect for the will and preferences of individuals and protecting them from abuse and undue influence, and ensuring that their lives and choices are not overregulated. V. The way forward A. Law reform 63. States must take immediate measures to reform their legal frameworks in order to ensure or restore the right to legal capacity of all persons with disabilities. It is important that legislation expressly recognize that persons with disabilities have the capacity to both hold and act upon rights and duties. Legislation must also recognize the right to access support for the exercise of legal capacity, if desired, and ensure that support arrangements are available, accessible, adequate and affordable. States must establish an enabling legal framework that facilitates the creation and implementation of various supported decisionmaking schemes, including the provision of financial and technical assistance to civil society organizations for that purpose. All substitute decision-making regimes must be repealed. 64. States must ensure an appropriate framework of safeguards to ensure respect for the rights, will and preferences of individuals in the provision of support and protect them from conflicts of interest, undue influence and abuses. When discussing crisis or emergency situations, States must adhere to the principles and rights recognized in the Convention. In particular, States must refrain from establishing exceptions to the full enjoyment of the right to legal capacity of persons with disabilities at all times and from creating new apparently disability-neutral responses that will disproportionately and adversely impact on persons with disabilities.24 65. States should initiate a comprehensive law review process and make changes in their legal systems to fully implement the right to legal capacity of persons with disabilities. The review must be comprehensive and encompass different areas of law, including family, criminal, mental health and tort and contractual law. The concerns of third parties, such as those regarding the duty of care, liability and the security of transactions, must be addressed in the light of the Convention. States must be aware that many experts working in the area of legal capacity are not familiar with the standards of the Convention and may thus require prior information and training. The law review process should include persons from different groups and sectors, including persons with disabilities themselves and those providing support in practice. B. Policy development 66. States should consider establishing a comprehensive system to coordinate the effective access to supported decision-making of persons with disabilities. Such a system must adopt a human rights-based approach, take into account equality between men and women and the rights of the most disadvantaged and marginalized groups, and respond to the diversity of support needs of persons with disabilities, including older persons and those with a high level of support needs (see A/HRC/34/58, para. 58). 67. States must consider the implementation of pilot projects on supported decisionmaking, as part of their obligation to provide persons with disabilities with access to 24 See Tina Minkowitz, “CRPD and transformative equality”, International Journal of Law in Context, vol. 13, No. 1 (March 2017). 15