Equality and Human Rights Commission

Article 12 says:

• Disabled people have the right to equal recognition as people before the law.
• Disabled people have the right to make their own decisions in all areas of life, on the same basis as other people.
• Governments should provide access to support that might be needed by disabled people in making their own decisions.
• If decisions are made that relate to a person’s capacity to understand, then there must be safeguards against abuse: your rights and choices must be respected, and someone else should only be speaking for you to the extent that it is necessary and for as long as is appropriate. There should be a regular and independent review of the steps taken to make sure that there is no conflict of interest and that the disabled person’s rights and interests are properly respected.
• Government must do everything they can to ensure disabled people can own and inherit property like anyone else, manage their own money and access bank loans and mortgages.

What does this mean?

This means that disabled people cannot be denied the right to make their own decisions. If they need help to make decisions, then this should be given. It also says that disabled people should be financially independent and have access to financial services.

Example: Equal recognition before the law

If your council gives you Direct Payment, but they say that the bank account must be looked after by another person or group (for example, Independent Living Service), then you can use this Article to demand that the council explains why they think this would be necessary. You could use this Article together with the Mental Capacity Act to challenge their reasons if you do not agree with the council.

If you have someone else to speak for you in certain situations (for example, financial matters), then the government must make sure that the person speaking on your behalf cannot abuse their position.

Reservation

When the UK ratified the Convention it made a 'reservation' to this Article. This was to be clear that there is not yet a system in place for regular review of whether appointees (people who are given the right to deal with benefits on behalf of a disabled person) should continue in that role.