In a document submitted to the European Commission on 2 August, United Nations experts severely criticised the legislative package presented in May, comprising a proposal for a EU Council Decision and a proposal for a Regulation aimed at guaranteeing better cross-border protection for vulnerable adults (see EUROPE 13191/15).
According to an article published on 16 August by the European Disability Forum, these UN experts have expressed their concerns about the compliance of these proposals - open for comment until 20 August - with existing international treaties.
The UN Special Rapporteur on the rights of persons with disabilities and the UN Independent Expert on the enjoyment of all human rights by older persons issued a joint submission to the European Commission in August, pointing out that the proposal did not comply with the UN Convention on the Rights of Persons with Disabilities.
The proposed Regulation builds on the 2000 Hague Convention to regulate the protection of adults in cross-border situations, such as when an adult moves or has financial assets in a EU country other than their country of residence.
The experts noted that the draft proposal confuses the notion of ‘representation’ with assisted decision-making as defined in the UN Convention. In addition, some Articles, such as Article 3.3, lack clarity on the distinction between ‘power of representation’ and ‘assisted decision-making’. Article 21 has also been criticised for authorising measures of placement of people in institutions, in violation of the principles of equality and the right to live independently, according to the United Nations Convention.
The experts called for a re-examination of the Articles considered problematic.
Despite these criticisms, the experts welcomed the efforts to resolve ‘conflicts of law’, i.e. to make it easier to know which law applies in cases where several countries are involved, and they appreciated the reference to the United Nations Convention on the Rights of Persons with Disabilities in the recitals of the proposed Regulations.
The Experts’ analysis: https://aeur.eu/f/8ce (Original version in French by Nithya Paquiry)