Minutes of Inclusion International S Council Meeting

Inclusion International

Linking local voices to global change

Secretariat: The Rix Centre - Room 1001- University of East London -

4-6 University Way - London E162RD - UK

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DRAFT

Legal Capacity: Position Paper

October, 2006AGENDA OF INCLUSION INTERNATIONAL’S COUNCIL MEETING -

Friday 21 October 2004 –– 10:00 9.00 toam – 12.30

Sunday 23 October 2004 – 10.30 to 14.30

1.Apologies

2.Adoption of agenda

Minutes of Last Council meeting

Treasurer's report

French audited accounts

English audited accounts

Budget 2005

Issues for 2006

3.Strategy

4.Update on Projects

Poverty Reduction

SHIA

PMAG

UN Convention

Other proposals

UN Convention work update

The Constitution

General Secretary’s report

Membership Task Force

Status of members

Treasurer's report

5.President's report

Report of the SecretariatMembership Report

Staffing

Secretariat activities

Website

Newsletter

- Membership Applications (see list attached)

6.Reports from Regions

Report from the regional meeting on Wednesday

Report from all the Regions

7.Report of the Nominating Committee

8.Reports on work with UN & UN agencies and other organisations.

9.World Congress 2006

Council meeting 2006 (confirmation of date & venue)

10.Any other business

The UN Convention on the Rights of Persons with Disabilities (CRPD) promotesrecognizes:

thatThat persons with disabilities have the right to recognition everywhere as persons before the law;

thatThat persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life;

thatThat States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.

Inclusion international demandspromotes the right of every person with an intellectual disability to have their right to make decisions recognized and to receive the support they require in making those decisions. People should never be asked to give up their legal capacity in order to qualify to receive supports and services.

BACKGROUND:

For people with intellectual disabilities self-determination and full citizenship are fundamentalare fundamental principles that underlie the potential enjoyment of human rights. It is the presumption of legal capacity that makes it possible to exercise self-determination and full-citizenship.

Guardianship laws assume that some people do not have the capacity to make legally binding decisions and put in place substitute decision making provisions.

Supported Decision-Making means a person may accept help in making decisions without relinquishing the right to make decisions. Supported Decision-Making helps a person to understand information and make decisions based on his or her own preferences. A person with a learning disability might need help with reading, or may need support in focusing attention to make a decision. A person who has no verbal communication might have a trusted family member who interprets their non-verbal communications, such as positive or negative physical reactions, or uses Alternative and Augmentative Communication.

STRATEGIES:

Inclusion international promotes the exercise of legal capacity by advocating:;

developmentDevelopment of models of supported decision making; and

removal of substitute decision making legislationDevelopment of safeguards that ensure that the persons with a disability are protected. These safeguards should be consistent with Article 6 of the Montréal Declaration, October 2004 developed by the pan-American Health Organization and the World Health Organization. (attached);