Supported-decision making are mechanisms to support people with disabilities who require assistance to make decisions independently and retain legal authority to make decisions. Supported decision-making systems come in various forms, such as informal circles of support or formal support networks. No matter the form, they must prioritize a person’s choices and desires and protect that person’s legal rights.
Supported-decision making is an alternative to decision-making models that formally substitute another person’s decision for the person with the disability. Substituted decision-making models perpetuate power imbalances, which can make women and young people with disabilities especially vulnerable to gender-based violence and other forms of abuse and ill-treatment.
In the United States of America, the Center for Public Representation and Nonotuck Resource Associates developed a pilot project for supported decision-making. Beginning with nine adults with intellectual or developmental disabilities, the project proved very successful, with the participants using supported decision-making for seventy-two decisions in the first two years. The model developed by the Center for Public Representation and Nonotuck involves four components: “(1) Individuals with [intellectual or developmental disabilities] enter into Representation Agreements in which they specify areas where they need help making decisions and designate supporters to help them reach their decisions. (2) Support areas include healthcare, finances, employment, living arrangements and relationships. (3) Network supporters, who sign statements that they will respect the person’s choices and decisions, can be family members, friends, and past and current providers. (4) Individuals sign their Representation Agreements before a notary public who stamps, signs, and dates the document, making it official, and hopefully, a document that will be honored in the community by doctors, merchants, landlords, etc.”
Sources:
CRPD Committee, General Comment No. 1 (2014) Article 12: Equality Recognition Before the Law, para. 29, U.N. Doc. CRPD/C/GC/1 (May 19, 2014)
Office of the United Nations High Commissioner for Human Rights (OHCHR), Thematic Study on the Issue of Violence Against Women and Girls and Disability, para. 16, U.N. Doc. A/HRC/20/5 (Mar. 30 2012). http://www2.ohchr.org/english/issues/women/docs/A.HRC.20.5.pdf
Ctr. for Public Representation and Nonotuck Resource Assocs. Inc., Pilot Project: The Supported Decision-Making Pilot Project, Supported Decision Making Pilot Project (2017), http:// supporteddecisions.org/pilot-project/