ABSTRACT
The institutions of curatorship for a person with disabilities, in the context of the requirements under the CRPD separate sections of this study. The UN Committee on the Rights of Persons with Disabilities found the Polish institution of incapacitation to be incompatible with the CRPD as would arise from its recommendations upon analysing Poland's implementation report as submitted pursuant to CRPD Article 35. It has been flagged in the subject literature that, in exceptional circumstances, it is permissible to employ substitutive measures while maintaining the standards arising from CRPD Article 12.4. It should be noted that this interpretation of CRPD Article 12 was adopted by Poland when ratifying the Convention. Indeed, it is only by making this assumption that one can explain the interpretative declaratory statement made by Poland when ratifying the CRPD, that it considers incapacitation to meet the standards of CRPD Article 12.2.
