Juridical Implication of Article 12 of the Convention on the Rights of Persons with Psychosocial Disability in the Health Sector of Ethiopia

AfricLaw

Author: Hawi Asfaw
Associate Human Rights Officer, Ethiopian Human Rights Commission

Recognition of legal capacity is inseparably linked with the enjoyment of rights in the health sector since it is a prerequisite for a person to fully control his or her health and to make a free and informed decision concerning sexual, reproductive, and mental health. Article 12 of the Convention on the Right of Persons with Disability (CRPD) to which Ethiopia is a party, provides that states should recognize the legal capacity of persons with disability and provide them with access to support in the exercise of their legal capacity which in no way amount to substitute decision making. Additionally, article 25(d) of the CRPD states that the right to health includes the right to health care on the bases of free and informed consent which presupposes the recognition and protection of legal capacity by the state for its…

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