Recognition of the Legal Capacity of Persons
with Intellectual and psychosocial Disability
through the documentation of good practices
August 2010
Responsables Organizations
• Parents asociation that represents families and
persons with intelectual disability in Colombia
• More than 400 families in Bogotá and an alliance
with 10 parents organizations in different cities.
• Orientation to the families about different aspects
specially referent to their children rights.
• Become aware of the social enviroment
• Promote the social Inclusion of the intelectual
disabled people in our society.
Asdown job
1. Families
2. Change the mind in our society
3. Advocacy with parents and self
4. Inclusive education
5. Promote de Convention with
Organizaciones responsables del proyecto
Formed by psychosocial persons,
their families,trainers and persons
involved with mental health.
Developed strategies to promote mental
health with persons and their families.
Strategic Area
• Information, comunication and
• Organizations and network
• Human Development and inclusion
• Advocacy and human rigths
• International and national cooperation
CONTEXT: Legal Capacity
• In Colombia, persons with
disabilities are invisibles.
• Independant of their social skills and the development of moral
judge to take their own decisions, they can’t be citizens.
• They can’t sign a labour contract and they are declared
interdiction –unable – when they are legal age.
• We obtain in this historic moment that universities, ONGs, and
the goverment take into account this topic.
• Law 1306- Legal capacity is defined by clinical diagnosis, which
is contrary to the CRPD. Created without consulting people with
Project aim
Goal of MIW project: To transform the current
condition of persons with intellectual and
psychosocial disabilities, whose rights to exercise
their legal capacity and citizenship are not
recognized in Colombia.
-To utilize Article 12 of the CRPD to bring various
stakeholders together on this topic to work towards
CRPD implementation and advocacy
-To document and exchange good practices as a
basis for our advocacy work.
Making it work
Steps “Making It Work”
MIW report documenting two types of good practices on legal capacity: Interviews,
success stories of individuals with intellectual and psychosocial disabilities; persons
that had the opportunity to take their own decisions (to be published Fall 2010)
Analyze the strategies used by them and and their families
Successful legislation from other countries on legal capacity that could help to
improve Colombian legislation.
Launch of a multidisciplinary Advocacy group (“La Mesa”) on legal capacity with
participation of Universities, civil society organizations, lawyers, Ministry of Social
Welfare and the National Council on Disability and the organizations of persons with
disabilities. This group analyses the results of the research and systematic
documentation of the good practices related to the decision-making and legal
Generating recommendations for government officials, lawyers and others who work
to draft and implement national law, and DPOs/families on how they can contribute to
this work.
Advocacy activities utilizing the good practices to work with organizations of persons
with disabilities, universities and civil society. In addition to other advocacy activities,
a Forum will be held in October, 2010 on the harmonization of law 1306 with respect
to the CRPD, addressed to key stakeholders, senators and congressmen and to
distribute the Political Statement.
Policy declaration (MIW Report)
Legal capacity
Good Practices:
Inividual experiences;
Legislative models
(from other countries)
Suggestions to
reform 1306 law
Advocacy/Communications activites
Legal Capacity
Legal Capacity
“Making It Work”
Asdown Colombia and Fundamental find other important allied that are interested in
the transformation of the law and colaborate with the activities development. They
Inclusion International
Families and persons with intellectual and psychosocial disability
PAIIS: Andes University - Action Program for equality and social
Foro de Colombia
Universidad Pedagógica
Universidad Católica
Saldarriaga Concha Fundation
ICBF ( Instituto Colombiano de Bienestar Familiar)
Inclusion Interamericana
Confe de Mexico
Down 21 Chile
ASDRA de Argentina

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