EU citizens with disabilities continue to be stripped of their legal capacity in many Member States by way of systems of ‘guardianship’. When this happens, they are not allowed to make decisions about their lives, like where and with whom to live, or how to spend their money. Countries often frame this as ‘protection’, but it is actually a violation of the fundamental rights of people with disabilities and older people. Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD) says that everyone should have their right to make decisions recognised, respected, and supported if needed.
The EU is currently negotiating a Regulation on the Protection of Adults that risks entrenching these types of practices by giving new legitimacy to guardianship regimes across borders. Together with our partners (ENIL, Inclusion Europe, EDF, Mental Health Europe, AGE Platform and EUCAP), Validity Foundation is fighting to ensure this Regulation aligns with the CRPD and other international human rights instruments.
Trilogue negotiations (closed-door talks between the European Parliament, the Council of the EU, and the European Commission to reach agreement on the final text of a new law) are ongoing. That is why our coalition has issued a joint call to EU institutions and Member States to protect fundamental rights in these negotiations.
Our joint position paper and red lines for trilogue set out what the final Regulation must include to comply with the CRPD.
Every EU citizen, including those with disabilities or who are older, has the right to make decisions about their own life and to have that right respected across the EU. The EU should make sure that the laws they make recognise this.