Persons with intellectual and psycho-social disabilities are today routinely placed under a guardianship regime in several European countries - they are deprived of their “legal capacity”. In the eyes of the law they are seen as non-persons and their decisions have no legal relevance. This policy violates agreed human rights standards, says Thomas Hammarberg, Council of Europe Commissioner for Human Rights, in his latest Human Rights Comment published today together with an issue paper on the same topic.

The bulk of the legal capacity systems in Europe are out-dated and in urgent need of reform. The automatic loss of human rights of those placed under a guardianship regime is a practice which must be changed. (more...)