more fidelity to old postulates), new contours (leaving a deficits fixation in the dustbin of legal history) and new ambitions (based on a faith in human possibilities). As is usual with any moment of profound change, the pivot in Article 12 has deep roots which spread much, much farther than the law itself. And its implications are profound for policy-makers and legislators alike. It is fair to say that we are only at the beginning. It is also fair to say that it is a work in progress and that – we all have a role to play on the construction site. Its not simply a matter for the State to legislate we all have to find new ways of discovery new ways to find – – and release the will and preference of human beings long forgotten except to those who love them. This is why the pilot projects taking place here in Bulgaria and indeed throughout the world. This calls for a new art and science of human discovery which is also only at the beginning but it is full of promise – and brings out the best in human beings a belief in each other and in human – possibilities against the odds. This is a with many layers even many lawyers! Perhaps the simplest is the – legal layer. From a legal point of view the main inflection point came with the drafting of Article 12 in the UN CRPD. First of all, it doesn’t look like the traditional and rather turgid legalese on legal capacity. It sparkles with fresh – – ideas unfamiliar ideas especially in the context of disability. – Frankly, I don't think we fully saw its implications at the time. We were primarily concerned with death’ the almost complete shrouding of the ‘civil – person behind the legal form of plenary guardianship the surrender of – personhood into the hands of guardians often with motivations that were not so laudable. We saw plenary guardianship almost as an evil cloaking device – something that had to be dissolved to let people breath and take charge of their own lives. If only we could roll back the curtain that would be enough. The interesting thing is that many of us myself included accepted at the time – – that there would be some for whom this uncloaking would never be enough.
more fidelity to old postulates), new contours (leaving a deficits fixation in the dustbin of legal history) and new ambitions (based on a faith in human possibilities). As is usual with any moment of profound change, the pivot in Article 12 has deep roots which spread much, much farther than the law itself. And its implications are profound for policy-makers and legislators alike. It is fair to say that we are only at the beginning. It is also fair to say that it is a work in progress – and that we all have a role to play on the construction site. Its not simply a matter for the State to legislate – we all have to find new ways of discovery – new ways to find and release the will and preference of human beings long forgotten except to those who love them. This is why the pilot projects taking place here in Bulgaria and indeed throughout the world. This calls for a new art and science of human discovery which is also only at the beginning – but it is full of promise and brings out the best in human beings – a belief in each other and in human possibilities against the odds. This is a with many layers – even many lawyers! Perhaps the simplest is the legal layer. From a legal point of view the main inflection point came with the drafting of Article 12 in the UN CRPD. First of all, it doesn’t look like the traditional – and rather turgid – legalese on legal capacity. It sparkles with fresh ideas – unfamiliar ideas especially in the context of disability. Frankly, I don't think we fully saw its implications at the time. We were primarily concerned with ‘civil death’ – the almost complete shrouding of the person behind the legal form of plenary guardianship – the surrender of personhood into the hands of guardians often with motivations that were not so laudable. We saw plenary guardianship almost as an evil cloaking device – something that had to be dissolved to let people breath and take charge of their own lives. If only we could roll back the curtain that would be enough. The interesting thing is that many of us – myself included – accepted at the time that there would be some for whom this uncloaking would never be enough.
Rights-Enforcement---The-Next-Steps,-UNCRPD-article-12-standards-and-their-implementation-in-legal-frameworks.docx