Legal Capacity of Persons with Disabilities in Ethiopia

What is it about?

Since the adoption of the Convention on the Rights of Persons with Disabilities, it has become an established norm that persons with disabilities should not be deprived the capacity and the right to make decision by themselves. Unlike the hitherto substituted decision-making model, the Convention propagates the supported-decision making model where persons with disabilities should be assisted in decision making. This article looks into the various laws in Ethiopia which still maintain a substituted-decision making model owing to the alleged mental incapacity of a person and argues that, as a state party to the Convention on the Rights of Persons with Disabilities, Ethiopia shall reform its domestic legislation in line with its international commitments.

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Why is it important?

The article makes a comprehensive analysis of the various laws that retain the substituted-decision making model and suggests the incompatibility with the relevant international standards.