The United Nations Convention on the Rights of Persons with Disabilities and Exploration of Institutionalization of Decision Support System

초록

3. Institutionalization of Decision Support System in the Republic of Korea Korea is a party to the United Nations Convention on the Rights of Persons with Disabilities and shall recognize that persons with decision-making disabilities shall enjoy their legal capacity and establish decision support system appropriate for the country's sociocultural environment to guarantee the execution. In relation to this, the recently established Developmental Disabilities Assistance and Bill of Rights Act prescribes important principles of decision support system and there are many good implications. Based on the law, persons with developmental disabilities are not only entitled to make a judgment and decide as to their bodies and properties (Article 3-1) but also have the right to be helped as necessary to understand the matters that have legal or factual effects on them and express their opinions freely (Article 2). Especially, persons with developmental disabilities will make their own decisions as to their residence, consent or rejection of medical practice, exchange with others, use of welfare services and selection of service types (Article 8-1) and nobody is allowed to make a judgment on the decision-making capacity without providing sufficient information and help necessary for decision making in relation to matters requiring decision making of persons with developmental disabilities (Clause 2). If, despite Clauses 1 and 2, there is a significant reason to decide that capacity to make his/her own decision is insufficient, guardians may help persons with developmental disabilities to make a decision. In this case, guardians shall ensure the best interest to the very persons with developmental disabilities (Clause 3). The Act recognizes legal capacity to make a decision of persons with developmental disabilities의 and suggests the right to receive help necessary to make a decision, assumption of capacity of decision making, guardian's support for decision making and the