Article 12 – Equal recognition before the law

1.States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.

2. States Parties shall recognize that persons with disabilities enjoylegal capacity on an equal basis with others in all aspects of life.

3. States Parties shall take appropriate measures to provide access bypersons with disabilities to the support they may require in exercisingtheir legal capacity.

4. States Parties shall ensure that all measures that relate to theexercise of legal capacity provide for appropriate and effectivesafeguards to prevent abuse in accordance with international humanrights law. Such safeguards shall ensure that measures relating to theexercise of legal capacity respect the rights, will and preferences ofthe person, are free of conflict of interest and undue influence, areproportional and tailored to the person’s circumstances, apply for theshortest time possible and are subject to regular review by acompetent, independent and impartial authority or judicial body. Thesafeguards shall be proportional to the degree to which such measuresaffect the person’s rights and interests.

5. Subject to the provisions of this article, States Parties shall takeall appropriate and effective measures to ensure the equal right ofpersons with disabilities to own or inherit property, to control theirown financial affairs and to have equal access to bank loans, mortgagesand other forms of financial credit, and shall ensure that persons withdisabilities are not arbitrarily deprived of their property.