Author: Hannah Casey, ALL Blog Editor and PhD Candidate at the Department of Psychology, Maynooth University
Hannah Casey
At long last, the highly anticipated Assisted Decision-Making (Capacity) Act 2015 has been fully commenced in Irish law today, April 26th. This Act, which replaces the outdated Lunacy Act of 1871, aims to align with Article 12 of the United Nations Convention for the Rights of Persons with Disabilities (UNCRPD) by enshrining in statute the right for people with disabilities to make their own decisions, and removing formal guardianship arrangements. As part of this new structure, the Decision Support Service (DSS) will finally be able to open its doors and provide much needed services, supports, and resources to people who need it. This service will allow people with disabilities to access necessary supports to make their own decisions, with as much help as they themselves deem necessary. Such decision-making is referred to as supported or assisted decision-making– a formal method of support that has fast been gaining traction across the world.
Author: Clíona de Bhailís is a PhD Candidate at the Centre for Disability Law and Policy (CDLP), NUI Galway. She has received Irish Research Council funding for her research focusing on Article 12 UNCRPD and young people with disabilities. In her previous role she worked as a Research Assistant on the European Research Council funded ‘Voices of Individuals: Collectively Exploring Self-determination (VOICES)’ project.
Clíona de Bhailís
In 2021 World Youth Skills Day celebrates the creativity and resilience of youth during the COVID 19 pandemic. Young people with disabilities have been particularly impacted by the crisis with schools and services closed, supports limited, and reopening creating additional barriers in accessing many public spaces. Through it all however, they have shown remarkable creativity, resilience and adaptability. This is despite not being consulted or at times even considered by decision makers.
The importance of participation in decision making is often mentioned when discussing research and policy which relates to children and young people. Article 12 of the UN Convention on the Rights of the Child (UNCRC) is well known in this regard and guarantees children who are ‘capable of forming a view’ the right to express their views on matters which affect them. Their views must then be given due weight based on the child’s age and maturity. The applicability of this right to children with disabilities is reinforced by Article 7 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) with two notable differences. These are the absence of the requirement for a child to be ‘capable of forming a view’ and an obligation on States Parties to provide ‘disability and age appropriate assistance’ to support disabled children and young people to express those views. Therefore, all children and young people, regardless of cognitive ability, should be allowed to express their views on matters affecting them, their views should be given due weight and they should have access to the support if necessary. Further, General Comment No. 7 of the UNCRPD clearly outlines that States Parties have a duty to consult with children and young people with disabilities and their representative organisations about policy development and the implementation of the Convention.
