The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is linked to legal decision-making capacity in Aotearoa New Zealand in several ways:

• Legal capacity

The UNCRPD guarantees that people with disabilities have the right to legal capacity, which means they are recognised as capable of acting under the law. This includes the right to make decisions and take action to implement them. 

• Supported decision-making

The UNCRPD's Article 12 emphasises the importance of providing support to people with disabilities to exercise their legal capacity. This support can include a range of mechanisms, such as providing information and advice, allowing video testimony, and offering professional sign language interpretation.  Although the specific words are not used, it is from Article 12 of the UNCRPD that the concept of ‘supported decision-making’ emerged. 

If you want to read the specific wording in Article 12 click here: UNCRPD Article 12 - Equal Recognition before the Law

• Legislative reform

New Zealand ratified the UNCRPD in 2008 and has made no reservations to its ratification of the treaty.  Despite this, many maintain that Aotearoa New Zealand has not yet made the widespread legislative changes needed to align with the UNCRPD. However, the Law Commission is currently in the process of reviewing the law relating to affected decision-making of adults and expects to release a final report at the end of 2025. To find out more about their project click here: Review of Adult Decision-making Capacity Law

FASD-CAN made a submission to the first consultation round on this project, and you can read out submission here:  Kathy has this submission ever been loaded to our website?

• Procedural and practice change

The UNCRPD requires procedural and practice changes to reflect its principles. For example, Aotearoa New Zealand could design its legal system to be more accessible and make reasonable accommodations to ensure that people with disabilities can participate effectively.