disabilities. As indicated by the United Nations High Commissioner for Human Rights, the CRPD clarifies the
state’s obligations to respect and ensure enjoyment of their rights by persons with disabilities. 244
2.
On the institutionalization of person in mental health centers
122.
The Commission notes that the institutionalization of persons in mental health centers is an
issue regionally and internationally. Such situations have been analyzed consistently by the United Nations
Committee on the Rights of Persons with Disabilities (hereinafter “the CRPD Committee”) on considering that
institutionalization has a detrimental impact on the enjoyment of several rights of persons with disabilities. For
the analysis of the instant case the Commission will offer considerations on the rights to recognition of juridical
personality, personal liberty, humane treatment, and health.
2.1
Considerations on the right to the recognition of juridical personality and legal capacity
123.
The Court has held that the right to the recognition of juridical personality implies the ability
to be the subject of rights (capacity to enjoy) and duties. 245 The Court also explained that being the subject of
rights implies the following:
Adulthood … means that a person can exercise his or her subjective rights personally and
directly, as well as fully undertake legal obligations and conduct other personal or patrimonial
acts. 246
124.
Accordingly, the Commission considers that the right to the recognition of juridical personality
includes as one of its components legal capacity, i.e. the right of each person to make decisions and to create,
modify, or extinguish legal relationships. The CRPD Committee itself has held that the right to legal capacity,
established at Article 12 of the CRPD, is included in Article 3 of the American Convention. 247
125.
As regards the content of the right to legal capacity, the CRPD Committee has indicated that it
is a universal attribute inherent to all persons by dint of their human condition, and should be maintained for
persons with disabilities in equal conditions as all others. 248 In this respect, the CRPD Committee has indicated
that according to international human rights law there is no circumstance that makes it possible to deprive a
person of the right to recognition as such before the law, or that allows any limitation of that right. 249
126.
In this sense, “a person’s statute as a person with a disability or the existence of an impairment
… must never be grounds for denying legal capacity.” 250 The CRPD Committee has argued that the CRPD “makes
it clear that ‘unsoundness of mind’ and other discriminatory labels are not legitimate reasons for the denial of
legal capacity (both legal standing and legal agency).” 251
127.
This implies, for the states, the obligation to ensure that the right to legal capacity of persons
with disabilities is not limited in a way that is different compared to all other persons. 252 And so domestic
United Nations, Office of the United Nations High Commissioner for Human Rights, Handbook for Parliamentarians on the Convention
on the Rights of Persons with Disabilities and its Optional Protocol, Geneva, 2007. p.20.
245 I/A Court HR. Case of Bámaca Velásquez v. Guatemala. Judgment of November 25, 2000. Serie C No. 70, para. 179.
246 I/A Court HR. Case of the Girls Yean and Bosico v. Dominican Republic. Preliminary Objections, Merits, Reparations and Costs. Judgment
of September 8, 2005. Series C No. 130, para. 177.
247 United Nations, Committee on the Rights of Persons with Disabilities, General Comment No. 1. Article 12: Equal recognition before the
law, May 19, 2014, para. 7.
248 General Comment No. 1. Article 12: Equal recognition before the law, May 19, 2014,para. 8.
249 General Comment No. 1. Article 12: Equal recognition before the law, May 19, 2014,para. 5.
250 United Nations, Committee on the Rights of Persons with Disabilities, General Comment No. 1. Article 12: Equal recognition before the
law, May 19, 2014, para. 9.
251 United Nations, Committee on the Rights of Persons with Disabilities, General Comment No. 1. Article 12: Equal recognition before the
law, May 19, 2014, para. 13.
252 United Nations, Committee on the Rights of Persons with Disabilities, General Comment No. 1. Article 12: Equal recognition before the
law, May 19, 2014, para. 7.
244
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