O’Brien welcomes Oireachtas report on capacity legislation
Speaking following publication by the Joint Oireachtas Committee on Justice, Defence and Equality of a report on the Scheme of the Mental Capacity Bill, Sinn Féin Equality Spokesperson Deputy Jonathan O’Brien said he welcomed the report and expressed support for calls by a number of Irish NGOs seeking legislation based on UN Convention on the Rights of Persons with Disabilities.
The Sinn Féin representative on the Committee said;
“I welcome the publication of the report which states that there is currently no human rights based approach taken to legal capacity and this must change to incorporate a legal framework that ensures the rights of people with disabilities are upheld.
“I would also like to lend support to the document, Essential Principles: Irish Legal Capacity Law drawn up by a range of Irish NGOs seeking legislation in line with the UN Convention on the Rights of Persons with Disabilities and international best practice. If these principles were set in law, it may go some way to ensuring the government lives up to its own commitments in the Programme for Government to ensure capacity legislation is introduced that is in line with the UN convention.
“It absolutely imperative that everyone is presumed to have capability to making decisions and that human rights apply to all people equally – without discrimination on the basis of disability. The law should state that all adults have a right to make decisions for themselves that to exercise their rights, but in cases where they cannot, they must be given the appropriate supports needed to enable them to make decisions for themselves.”