The EU is working on a new law, which would help countries cooperate when adults were placed under guardinaship in one country and then moved to live in another country. The idea for the law is to make things easier to recognise guardianship status between countries.
But guardianship itself deprives people of their right to decide. This is against the CRPD which both the EU and the countries signed.
5 organisations’ position
The proposed will now be negotiation between the European Commission, European Parliament and the Council of the EU (this is called “trialogue”).
Five European organisations worked together on a position describing what the law must avoid. These include European Disability Forum, European Network on Independent Living, Inclusion Europe, Mental Health Europe and AGE Platform Europe.
Our goal is to protect the rights of people when they move or live across EU countries.
The law must follow the UN Convention on the Rights of Persons with Disabilities. This convention says people have the right to make their own choices and be supported to do so.
https://youtube.com/watch?v=sZCa2_sMKW4%3Fsi%3DT1N9BJ4OEty2I0uD
What is positive so far
The European Parliament and EU countries have improved the original text of the proposed law.
They agreed to:
- Include supported decision-making. This means helping people make their own choices.
- Recognise powers of representation. This means people can choose someone they trust to support them.
- Remove plans for large databases of sensitive personal information.
These changes are important. They protect privacy and dignity.
What must change
We call on EU negotiators to make three key improvements.
1. Put supported decision-making at the centre
The law must clearly support people to make their own decisions. It should:
- Define what “support” means
- Make sure people are heard
- Allow countries to refuse decisions that ignore a person’s wishes
- Provide accessible documents for everyone
2. Stop forced placements in institutions
The law must not allow people with disabilities to be placed in institutions across borders.
Support should focus on living in the community.
3. Protect people’s privacy
There must be no central registers of people’s personal situations.
Sharing information should only happen if the person agrees.
Privacy is a basic right and must be respected.
Read in full: Joint Position on the Proposed Regulation on Protection of Adults in Cross-Border Situations (PDF)
See also: