Page 51 - หลักกฎหมายระหว่างประเทศทั่วไปสนธิสัญญาด้านสิทธิมนุษยชนและอนุสัญญาว่าด้วยสิทธิคนพิการ

50 Convention on the Rights of Persons with Disabilities

4. States Parties shall ensure that all measures that relate to the
exercise of legal capacity provide for appropriate and effective
safeguards to prevent abuse in accordance with international
human rights law. Such safeguards shall ensure that measures
relating to the exercise of legal capacity respect the rights, will
and preferences of the person, are free of conflict of interest and
undue influence, are proportional and tailored to the personûs
circumstances, apply for the shortest time possible and are
subject to regular review by a competent, independent and
impartial authority or judicial body. The safeguards shall be
proportional to the degree to which such measures affect the
personûs rights and interests.

5. Subject to the provisions of this article, States Parties shall
take all appropriate and effective measures to ensure the equal
right of persons with disabilities to own or inherit property,
to control their own financial affairs and to have equal access
to bank loans, mortgages and other forms of financial credit,
and shall ensure that persons with disabilities are not arbitrarily
deprived of their property.