Skip to main content

Lund University Publications

LUND UNIVERSITY LIBRARIES

The Purpose of Support in the Exercise of Legal Capacity: Article 12 at a Crossroads

Broström, Linus LU ; Nilsson, Anna LU orcid and Fridström Montoya, Therése (2025) In Scandinavian Journal of Disability Research 27(1). p.607-618
Abstract
Article 12 of the UN Convention on the Rights of Persons with Disabilities requires states parties to take appropriate measures to ensure that persons with disabilities have access to the support they may need in exercising their legal capacity. However, this obligation remains ambiguous. What exactly is decision-making support meant to accomplish? Until this fundamental issue has been clarified, policymakers and support persons are left without clear guidelines on what the Convention requires of them. And without clarification of the purpose of Article 12 support, it will not only be impossible to assess the adequacy of any given support arrangement, but also to make informed suggestions about appropriate research and reform agendas. The... (More)
Article 12 of the UN Convention on the Rights of Persons with Disabilities requires states parties to take appropriate measures to ensure that persons with disabilities have access to the support they may need in exercising their legal capacity. However, this obligation remains ambiguous. What exactly is decision-making support meant to accomplish? Until this fundamental issue has been clarified, policymakers and support persons are left without clear guidelines on what the Convention requires of them. And without clarification of the purpose of Article 12 support, it will not only be impossible to assess the adequacy of any given support arrangement, but also to make informed suggestions about appropriate research and reform agendas. The paper identifies key candidate purposes of support and illustrates how the choice between them has various implications. (Less)
Please use this url to cite or link to this publication:
author
; and
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Human rights, Mänskliga rättigheter
in
Scandinavian Journal of Disability Research
volume
27
issue
1
pages
12 pages
publisher
Stockholm University Press
ISSN
1501-7419
DOI
10.16993/sjdr.1289
language
English
LU publication?
yes
id
a49e8963-0c75-48ab-b3af-e18e8560bef5
date added to LUP
2025-11-12 20:27:10
date last changed
2025-11-13 11:48:44
@article{a49e8963-0c75-48ab-b3af-e18e8560bef5,
  abstract     = {{Article 12 of the UN Convention on the Rights of Persons with Disabilities requires states parties to take appropriate measures to ensure that persons with disabilities have access to the support they may need in exercising their legal capacity. However, this obligation remains ambiguous. What exactly is decision-making support meant to accomplish? Until this fundamental issue has been clarified, policymakers and support persons are left without clear guidelines on what the Convention requires of them. And without clarification of the purpose of Article 12 support, it will not only be impossible to assess the adequacy of any given support arrangement, but also to make informed suggestions about appropriate research and reform agendas. The paper identifies key candidate purposes of support and illustrates how the choice between them has various implications.}},
  author       = {{Broström, Linus and Nilsson, Anna and Fridström Montoya, Therése}},
  issn         = {{1501-7419}},
  keywords     = {{Human rights; Mänskliga rättigheter}},
  language     = {{eng}},
  month        = {{11}},
  number       = {{1}},
  pages        = {{607--618}},
  publisher    = {{Stockholm University Press}},
  series       = {{Scandinavian Journal of Disability Research}},
  title        = {{The Purpose of Support in the Exercise of Legal Capacity: Article 12 at a Crossroads}},
  url          = {{http://dx.doi.org/10.16993/sjdr.1289}},
  doi          = {{10.16993/sjdr.1289}},
  volume       = {{27}},
  year         = {{2025}},
}