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UN Disability Convention
The UN Disability Convention says that disabled people have the right to get the support they need to make their own decisions.
What is the UN Disability Convention?
The UN Disability Convention is an agreement between different countries. It says what governments must do to make sure disabled people get the same rights as everybody else.
What does “disability” mean in the UN Disability Convention?
The UN Disability Convention covers people with:
- Physical impairments
- Mental distress
- Intellectual impairments
- Sensory impairments.
The UN Disability Convention says that people experience disability when:
- People don’t get the support they need so they can’t easily do everyday things.
- Society doesn’t adapt to people’s needs, so it’s difficult for them to participate fully.
What does the UN Disability Convention say about supported decision-making?
Article 12 of the UN Disability Convention says that:
- Disabled people have the same right to make their own decisions as everyone else.
- Disabled people should have the help they need to make decisions.
- If a person needs someone else to speak for them, there should be rules to do this properly.
Aotearoa New Zealand has agreed to follow the Disability Convention. This means that all New Zealanders have the right to have the support they need to make decisions.
New Zealand laws are being reviewed
The main law that talks about legal capacity is being reviewed. It is called the Protection of Personal and Property Rights Act (PPPR Act).
- The Law Commission – Te Aka Matua o te Ture is reviewing how the law should be improved.
- Their final report is expected in 2025.
In 2025 Parliament will also consider changing the Mental Health Act to support people to be more involved in decisions about their own care. Supported decision-making would be a central part of the new law. The proposed law (bill) includes
- advance directives, where people say in advance how they would like to be cared for
- having independent support people
- holding hui (meetings) to explore options for care, treatment and support
Find out more
Read about Article 12 of the UN Disability Convention
- A plain English summary external
- An easy-read summary external
- The original text external
- A literature review external for the Office for Disability Issues by Brigit Mirfin-Veitch
- A comment external by the United Nations Committee on the Rights of Persons with Disabilities
- A discussion external for MPs by the United Nations
- “Removing barriers”. external This booklet explains the rights of disabled people to changes that support equal participation.