NDA publishes Background Paper on Article 12 UNCRPD

Providing wider context to the NDA’s ongoing research examining the process and the experiences of people leaving wardship, the NDA has published a background paper on Ireland’s journey from wardship to supported-decision-making viewed through the lens of the UN Convention of the Rights of Persons with Disabilities.

This background paper considers the progress Ireland has made in meeting the requirements of Article 12 of the UNCRPD concerning equal recognition before the law, and the UNCRPD Committee’s guidance on this topic, by comparing the old wardship system and the new supported decision-making framework under the Assisted Decision-Making (Capacity) Act 2015 (as amended). The paper finds that while Ireland’s new statutory framework of supported decision-making constitutes a substantial step forward in terms of compliance with Article 12, and a marked improvement on the wardship system, it does not fully align with the UNCRPD Committee’s interpretation as set out in General Comment No.1.

The background paper is available to read and download on our Publications webpage.