A/HRC/37/56
available.21 In that regard, legislation should be flexible enough to respond to this diversity
and should not prescribe one form of support over others.
58.
While the majority of supported decision-making mechanisms outlined in legislation
include some kind of formality (such as a signed agreement or a court order), there is no
clear consensus among pilot projects and programmes on the benefits of operating under a
formal arrangement. Some projects have identified many positive outcomes from the
inclusion of a written agreement between individuals and their supporters, such as
recognizing the autonomy and self-determination of the individual, tailoring and clarifying
the scope of the support, making the supporter accountable and challenging community
attitudes towards supported decision-making. Procedural safeguards can also be included
into formalized support arrangements. However, some programmes intentionally exclude
signed agreements, due to concerns about undermining the relationship of trust, as well as
the informal nature of support.22 Legal frameworks should therefore be flexible enough to
recognize both informal and formal support arrangements and avoid overregulation.
59.
The majority of supported decision-making practices include a component for
training supporters to ensure respect for the will and preferences of individuals and avoid
paternalistic attitudes, low expectations and substitute decision-making. Programmes with
good practices on training typically involve supporters receiving initial comprehensive
training and continuous training, including one-on-one coaching and problem-solving
sessions. 23 Topics vary, including basic training on supported decision-making, personcentred approaches, strategies for supported decision-making and human rights. For
example, peer support groups in Kenya receive training on human rights, including the
rights-based approach to disability. It is important to ensure that clear and effective
resources and training on supported decision-making are available and easily accessible for
anyone providing or receiving support.
60.
Community involvement has been demonstrated to contribute significantly to the
success of supported decision-making. Providing support to make decisions is only helpful
as long as others recognize those decisions. Community involvement is necessary to
address structural factors that can hinder or violate the exercise of legal capacity of persons
with disabilities, such as stigma, discrimination and institutionalization. In that regard,
many supported decision-making initiatives have considered training for the authorities and
for service providers, including judges, notaries and medical personnel, among others.
61.
Communities also play a role in developing support alternatives, such as support
networks or peer and self-support groups, as well as helping people to access existing
support networks, particularly persons with a high level of support needs and older persons
with disabilities, who may lack other sources of support. Indeed, community-based
approaches for the provision of support constitute an effective strategy to ensure that
responses consider geographical, social, economic and cultural issues (see A/HRC/34/58,
para. 53). According to article 19 of the Convention, legislation must ensure a communitybased approach in the provision of supported decision-making and facilitate the flourishing
of social networks that ensure the individual autonomy and self-determination of persons
with disabilities.
62.
Supported decision-making initiatives use a broad range of safeguards, including
adherence to the will and preferences of the individual concerned, express recognition of
his or her right to withdraw from any arrangement, the establishment of time limits and
periodic reviews of arrangements, coaching sessions and dispute-solving and monitoring
mechanisms. In many projects, having multiple supporters was identified as a safeguard,
21
22
23
14
See Brenda Burgen, “Reflections on the Victorian Office of the Public Advocate supported decisionmaking pilot project”, Research and Practice in Intellectual and Developmental Disabilities, vol. 3,
No. 2 (2016).
See WestWood Spice, “My life, my decision: an independent evaluation of the supported decision
making pilot”, New South Wales Government Department of Community and Family Services
(2015).
See Bizchut, “Supported decision-making service for persons with disabilities. Service model”,
schedule C (2017).
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