NDA Annual Conference 2021 - Opportunities and Aspirations for the Assisted Decision-Making (Capacity) Act 2015: Progressive Realisation of UNCRPD Article 12 (Equal Recognition before the Law)

The NDA Annual Conference 2021 was held on Thursday, 14 October. The Conference focused on the theme of realising Article 12 of the UNCRPD (equal recognition before the law) through the Assisted Decision-Making (Capacity) Act 2015. Article 12 of the UNCRPD obliges States Parties to recognise that persons with disabilities enjoy legal capacity on an equal basis with other persons and to take all appropriate measures to provide persons with disabilities with the support they need to make decisions. Article 12 also seeks to ensure safeguards exist to promote the will and preferences of the person, and to protect against undue influence and conflicts of interest. Finally, it commits States Parties to take measures to ensure the equal right of persons with disabilities to own or inherit property and to control their own financial affairs.

The Assisted Decision-Making (Capacity) Act 2015 is an innovative and progressive piece of legislation, which seeks to move away from a medical model interpretation of capacity, to a social model that embraces the person’s right to make their own decisions, and confirms the state’s obligation to ensure they are supported to do so. It abolishes wardship, establishes different levels of supported decision-making and promotes the practice of advance planning. Not only will it change the lives of thousands of people in Ireland, it has also garnered much attention from other jurisdictions, who will watch its implementation closely.

While the legislation was enacted in 2015, it has yet to be commenced. However, much work has been ongoing, in order to prepare for its implementation. This includes the establishment of the Decision Support Service, the drafting of statutory Codes of Practice, the development of training materials for health and social care professionals, legal professionals and financial professionals, and the drafting of amending legislation.

The legislation is due to commence in mid-2022, and while awareness-raising of the legislation and its implications have been ongoing for the last few years, the NDA believed that it was appropriate to feature the legislation as the focus of its Annual Conference 2021. The conference took a holistic view of all the implications of the legislation, by bringing together all relevant stakeholders, including professionals who are preparing to implement the legislation and individuals whose lives will be impacted by it. The conference also featured a panel of international experts, discussing the opportunities and challenges faced in their respective jurisdictions by those attempting to implement similar legislation and/or practice.  

The Annual Conference 2021 was recorded and can be watched via the NDA Youtube channel

Several speakers used PowerPoint presentations, which can be accessed below, along with other resources:

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