Legal Capacity of Persons with Disabilities: A Discussion Topic Among Civil Actors and Public Institutions
The Regional Human Rights Committee of the Casablanca-Settat region organized a seminar yesterday titled “The Legal Capacity of Persons with Disabilities,” held at the committee’s headquarters, in the context of commemorating the National Day for Persons with Disabilities (March 30) and International Women’s Day (March 8).
The meeting, held in partnership with the Moroccan Organization for Women’s Rights in Situations of Disability, saw the participation of civil actors, experts, and representatives from civil society associations, alongside officials from several public institutions concerned with disability issues in the region.
According to a statement from the Regional Committee, this seminar aims to deepen the public discussion on ways to enhance the legal capacity of persons with disabilities to ensure equality in various aspects of life, and to continue working with partners to ensure this group has access to all its rights without discrimination.
The seminar highlighted observations from the UN Committee on the Rights of Persons with Disabilities, which expressed concern over the continued denial of legal capacity to individuals with sensory, psychosocial, or intellectual disabilities, as noted in Morocco’s initial report submitted in 2017.
The discussion also addressed the National Human Rights Council’s opinion on reviewing the Family Code, particularly regarding legal capacity, emphasizing the need to update the current legislative framework to align with the requirements of Article 12 of the UN Convention on the Rights of Persons with Disabilities, which stipulates full recognition of legal capacity for these individuals, both in terms of legal standing and the ability to act.
The committee pointed out that Morocco was among the first countries to ratify the international convention and its optional protocol in 2009, yet national legislation still requires further alignment with international commitments, including the adoption of support and accompaniment mechanisms instead of a guardianship system.
The seminar concluded with the importance of implementing the National Human Rights Council’s recommendations and enhancing institutional and community awareness of the necessity to shift from a protective mindset to one of empowerment and independent decision-making, particularly for women with disabilities, while combating the discrimination faced by this group, which adversely affects their independence and daily lives.
