Mental Capacity The Meaning of the Convention on the Rights of Persons with Disabilities for People with Dementia in Germany

The Convention on the Rights of Persons with Disabilities (CRPD) was adopted on December 13, 2006. It states that, in order to guarantee their legal capacity, all individuals with a disability are entitled to receive access to legal assistance and support proportionate to the degree of their respective mental capacity. Appropriate professional and legal interaction with people suffering from dementia presents a key challenge to all countries that have ratified the CRPD. This review describes the meaning of Article 12 of the CRPD with regard to the mental capacity of people with dementia as well as the challenges and possible paths of action arising from the ratification of the CRPD in Germany. The review closes with an illustration of exemplary international approaches that provide an opportunity to open up new perspectives.