Protecting and respecting the rights of people with intellectual disabilities as an expression of respect for their dignity. Incapacitation – selected issues

Abstract

The article shows the problem of people with intellectual disabilities from the point of view of protecting their dignity in the context of the institution of incapacitation. The human rights-based model of disability presented in the paper generates the need to develop appropriate social attitudes, i.e. attitudes that foster inclusion and eliminate stereotypes, prejudice, and discrimination . A key regulation is the Convention on the Rights of Persons with Disabilities, which emphasizes that persons with disabilities have legal capacity on an equal footing with others. In contrast, the institution of incapacitation as applied in practice, also to persons with disabilities, consists of deprivation or limitation of legal capacity. The paper draws attention to the development of solutions in Poland based on the principles of the Convention on the Rights of Persons with Disabilities, which recognizes autonomy, freedom, and full participation in all spheres of life as fundamental values.