PRAVO OSOBA S INVALIDITETOM NA POSLOVNU SPOSOBNOST U DRŽAVAMA ČLANICAMA EUROPSKE UNIJE U SVJETLU KONVENCIJE UJEDINJENIH NARODA O PRAVIMA OSOBA S INVALIDITETOM
THE RIGHT OF PERSONS WITH DISABILITIES TO WORK ABILITY IN THE MEMBER STATES OF THE EUROPEAN UNION IN THE LIGHT OF THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Summary/Abstract: This paper examines the current state of compliance with the right to legal capacity in the Member States of the European Union. In addition to 193 countries worldwide, all European Union Member States, as well as the European Union itself, have ratified the United Nations Convention on the Rights of Persons with Disabilities. It would therefore be expected that the principle of “equality before the law”, as set out in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, has been incorporated into national legislation and applied consistently in practice. However, an analysis of the relevant legislation in a number of European Union Member States reveals persistent inconsistencies in the protection of the right to legal capacity. The central finding is that in none of the states examined is the right of persons with disabilities to legal capacity fully respected or implemented to the extent required by Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. Instead, some form of substituted decision-making continues to be applied across the European Union.

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