Indicator 1(E): Can people with mental disabilities enter into contracts and agreements for disability-related supports, credit agreements to purchase housing, rental or other housing agreements?

English

Conclusion:
Yes, although some agreements can be invalidated by third parties.

Explanation:

Under Article 65(1) of the new Civil Code, decisions made by people with disabilities can be legally invalidated where it is assessed that their decision could lead to harm. This is based on a paternalistic notion of ‘needs’ rather than a rights-based approach, and conflicts with Article 12 of the CRPD on the right to legal capacity.

 

 

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