List of possible inquiries for consideration
39. Provide information on the extent of damage experienced by persons with disability due
to disasters, including natural disaster, for the last 5 years (statistical data on death and injuries
categorized by type of disaster and disability), and the follow up measures and its progress of
the FAMDS after its amendment on 17 January 2017; and specify whether specific strategies
incorporating varying categories and degrees of disability, are in place and being implemented
to ensure the right to safety for situations of disaster, including case of fire, earthquake and etc.
Article 12- Equal Recognition before the Law
Current status
40. Since the implementation of the adult guardianship system on July 2013, the guardians
are permitted to make decisions regarding property and personal issues of “persons deemed
persistently incapable of managing tasks due to psychological restrictions caused by disease,
disability or old age”, in addition, they are also allowed to rely on discretion to revoke the
legal action of their ward, when the said legal action goes beyond the purchase of goods for
daily use and non-excessive costs. Opinion that the adult guardianship system is excessively
restrictive to the rights of ward is continuously being raised by a number of persons
concerned, experiencing mental disability, and civil organizations.
List of possible inquiries for consideration
41. Provide the cases where the adult guardianship system has excessively restricted the
rights of “persons deemed persistently incapable of managing tasks due to psychological
restrictions caused by disease, disability or old age”, and information on the government’s
plans to improve, abolish or reduce extent of the adult guardianship system, so as to shift the
policy away from substituted decision-making and move towards supported decision-making.
Article 13- Access to Justice
Current status
42. The Commission has determined that the police and prosecution’s use of handcuffs during
the transfer of persons who have a severely impaired visual system which never performs visual
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