Autonomy and legal capacity

MDAC believes that we all have the right to choose, to make decisions that define our lives and ourselves. Our choices define who we are. Take choice away and our life is dictated by others.

Many domestic legal systems do take those choices away. They do so through what is often known as 'guardianship' laws. Although the purpose of such laws can appear beneficial, they have led to so much discrimination and abuse that they now constitute a widespread – and under-explored – human rights crisis across the region. Also, once under guardianship, adults are often legally deprived of numerous rights, such as the right to vote, to decide where to live, to work, to marry, and even the right to have a family.

Human rights abuses in guardianship are often caused by ineffective legal safeguards, and by deeply held discriminatory attitudes by public authorities and society in general. Alternatives to guardianship, such as assisted or supported decision-making, do exist but are rarely used.

We believe that guardianship itself is frequently used when unnecessary and when assisted or supported decision-making is the more appropriate response to difficulties in making specific decisions.

We therefore challenge guardianship legislation and practice in countries where it can or has led to abuse, and we advocate at the domestic, regional and international level for the introduction of supported decision-making altrenatives.

Click here for further information on MDAC’s ‘Change Guardianship’ campaign.