ABSTRACT
The right to autonomy and self-determination are central principles in allowing everyone to participate as members of society. However, legal capacity can only be achieved in circumstances where the law facilitates decision-making. Irish law has been wholly insufficient in facilitating persons requiring support in making legally effective decisions and has operated for generations to deny the legal capacity of persons whose mental capacity has been called into question. Persons labelled as having intellectual disabilities or mental health problems, older persons and persons who have an acquired brain injury have been vulnerable to the denial of legal capacity and equal recognition before the law. Ireland signed the CRPD in 2007 and ratified it in 2018 but deferred ratification of the Optional Protocol. Ireland adheres to the common law tradition of not ratifying treaties until such time that it is considered that Irish domestic law is in general conformity with the treaty.
