Introductory remarks

Abstract

The New York Convention on the Rights of Persons with Disabilities (CRPD), signed by 164 states and ratified by 185 as of May 6, 2022, is one of the UN's multilateral treaties with the highest number of party states. The problematic nature of CRPD Article 12 is also confirmed by the fact that, on more than one occasion, its transposition into national legal systems is subject to divergent assessments. Peru is a case in point. Analyses of the implementation of CRPD Article 12 in 25 national legal systems in force in 24 countries from different regions of the world are presented further here. The standard of protection for persons with disabilities under CRPD Article 12 requires a holistic view of the importance of active legal capacity and institutions protecting against various types of abuse in the context of the principle of autonomy of all entities under private law and the principle of pacta sunt servanda.