A/HRC/37/56 exploitation, violence or abuse in the context of substituted or supported decision-making regimes, including arbitrary detention or violations of personal integrity pursuant to mental health legislation, have access to justice and effective remedies. Those remedies should include adequate redress and reparations, including restitution, compensation, satisfaction and guarantees of non-repetition, as appropriate (see A/HRC/34/58, para. 74). National human rights institutions and independent mechanisms for the promotion, protection and monitoring of the implementation of the Convention should be mandated to carry out inquiries and investigations in relation to the enjoyment of the right to legal capacity of persons with disabilities and provide assistance to persons with disabilities in accessing legal remedies. 73. Litigation can play an important role in the reform of legislation on legal capacity. It can have an impact beyond those directly involved in a particular case, leading to new judicial criteria and changes in the law. In monist countries where treaties are immediately incorporated into domestic law once they have entered into force, litigation has the added value of ensuring the direct application of article 12 of the Convention, thus creating a shift in case law. Indeed, in many countries courts are already applying the standards of the Convention, challenging existing legislation that denies persons with disabilities the full recognition of legal capacity.26 E. Participation and collaboration 74. Article 4 (3) of the Convention explicitly requires States to consult closely with and actively involve persons with disabilities, including children with disabilities, in the development and implementation of legislation and policies concerning issues relating to them. States should closely consult with and actively involve persons with disabilities and their representative organizations in the process of legal harmonization regarding legal capacity. While the legislative process may vary from country to country, legislatures should guarantee the participation of persons with disabilities throughout the entire process, inclusive of deliberative assemblies or chambers that can debate and vote on law proposals. In many countries, citizens have the right to propose legislative initiatives, referendums and petitions without the endorsement of political parties or the State authorities. States must ensure that the procedures of direct democracy are fully accessible for persons with disabilities. 75. Persons with disabilities and their representative organizations must also participate in all decision-making processes related to the design, implementation, monitoring and evaluation of support services and arrangements. The Special Rapporteur’s thematic study on the right of persons with disabilities to participate in decision-making provides specific guidance in that regard (A/HRC/31/62). F. Capacity-building 76. States must complement law reform efforts with training for State authorities, public officials, service providers, the private sector, persons with disabilities, families and other key actors. Capacity-building on the Convention is indispensable to ensure the adequate implementation of the right to legal capacity of persons with disabilities. Training should also address the intersecting forms of discrimination with regard to legal capacity that affects persons with disabilities and the forms of prejudice and barriers encountered by specific groups of persons with disabilities, as well as how to promote and deliver supported decision-making. 77. States must promote appropriate training for those working as notaries, since they play an important role, particularly in civil law countries, in concluding and formalizing legal transactions, such as contracts, wills, and powers of attorney. In doing so, notaries make assessments of the capacity of individuals entering into legal relationships. It is 26 For example, Argentina, Colombia, Georgia, Kenya, Latvia, Peru and the United States. 17

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