UN Human Rights representatives propose amendments to Commission proposals


Two UN representatives on human rights have made a joint submission in response to the European Commission’s proposal for a Regulation on cross border legal arrangements and a Council Decision governing the Hague Convention on the Protection of Adults. In their submission, the UN Special Rapporteur on the Rights of Persons with Disabilities and the UN Independent Expert on the Enjoyment of All Human Rights by Older Persons welcome efforts to resolve issues around cross border application of law, as well as references to the UN Convention on the Rights of Persons with Disabilities (UNCRPD) in the recitals of the legislation.

However, their submission also highlights where the legislative proposals and the Hague Convention, and the UNCRPD are incompatible, including issues in Article 3 around supported decision-making and placement in institutions outlined in Article 21. They also highlight a 2021 legal study on the Hague Convention commissioned by the Special Rapporteur, which recommended that countries becoming party to the 2000 Hague Convention should adopt a declaration saying that it would interpret and apply the Hague Convention in line with the UNCRPD. In relation to the Council Decision, the representatives commend this approach, as well as a making a Reservation to the Hague Convention, excluding institutionalisation from its scope. The full joint submission of the rapporteurs can be read at: