Notarial guide of good practices for people with disabilities

Convention on the Rights of Persons with Disabilities is in force since 2008. Its approval was an historic event because the Convention puts disability on the level of Human Rights and entails a paradigm shift in the treatment and conception of persons with disabilities. The authors present the general principles of the Convention and discuss its article 12 – its corner stone – who states full and equal recognition before the law for persons with disabilities. Then they examine the impact of the Convention on notarial activity. After having explored the role of the notary as a provider of institutional support to persons with disabilities, the authors discuss the oversight of lawfulness performed by the notarial authority and the implementation of the so-called judgement of capacity, discernment and understanding of the parties executing a notarial act. Finally, the authors propose to notaries from around the world concretes measures to better support the exercise of capacity by persons with disabilities and promote their full and effective participation in society and the respect of their rights.