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Supported Decision-Making Service for Persons with Disabilities | Service Model
The Human Rights Center for People with Disabilitis
B. Challenges to full fulfilment of legal capacity of persons
with disabilities
Article 12 of the CRPD seeks to restore autonomy, legal capacity and independence to persons
with disabilities. To understand the depth of the challenge we wish to point at a host of difficulties
confronted by persons with disabilities wishing to realize their legal capacity, particularly in Israel:
1. Denial of independence and choice:
Many persons with disabilities are denied
choice and independence in the management of their lives. This is manifested in the
fact that decisions regarding both larger plans for life and daily routine, are made for
them by others. Independence and choice are fundamental rights: studies point at
the importance of independence, autonomy, choice and control over one's life in the
definition of a person's quality of life.
2. The challenge of self-determination:
Self-determination, namely self-managed
and autonomous activity carried out consciously and out of choice – became a
leading principle in the vast majority of services for persons with disabilities in the
western world. Many persons with disabilities need the mediation and assistance
of a supporter to realize the right to self-determination. In the absence of such a
supporter, the environment often determines what a person’s life would look like,
rather than the person themselves.
3. Lack of sufficient support:
Persons with and without disabilities may have difficulty
managing their lives. Property management, choosing living accommodations
or employment, medical care – may all present challenges. However, supported
decision-making and the realization of decisions are not a recognized service in
Israel. Difficulties in making decisions independently observed in persons with
disabilities and older adults are often regarded as proof of the need to appoint a
guardian, as opposed to highlighting the obligation of society to offer support.
4. Professionalization in the area of disabilities:
Today, many professionals are
involved in making decisions regarding the lives of persons with disabilities. As an
example, the evaluation committee that determines the types of services a person
with disabilities would be entitled to receive is composed of five members of different
professions. Consequently, many evaluations do not give decisive weight (if any)
to the person's wishes, but rather to institutional considerations (limited supply
of services, budget considerations, etc.). In fact, the system of services currently
available to persons with disabilities offers no independent party tasked with helping
them to access rights and make decisions according to their wishes.
5. Violation of human rights and stigma:
Persons with disabilities cope daily with
discrimination due to their disability and with severe social stigmas, for instance by
service providers in private or public bodies (bank clerks, physicians). Persons with
disabilities also routinely interact with care, rehabilitation, and welfare agencies,
which are often believed to over prioritize protection considerations. Given this
background, there is increased need to provide individuals with the support and
assistance needed to access their rights and insist on their will.
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