Supported Decision-Making and Legal Capacity: Insights from the Nordic-Baltic Seminar

Finland holds the Presidency of the Nordic Council of Ministers in 2025. The first disability-related event was held on February 12 and 13 in Helsinki at the Finnish Institute for Health and Welfare. This seminar between the Nordic and Baltic countries, entitled "Right to Live Independently and Be Included," brought together experts, decision-makers, and advocates. On the first day, there were about 150 participants remotely and 50 on site.

The event served as a platform for sharing best practices across the region. Key topics included approaches to supported decision-making, which emphasize empowering individuals to make their own choices, as well as addressing challenges of deinstitutionalization and fostering community inclusion.

The seminar began with an opening address from Sirpa Rautio, Director of the European Union Agency for Fundamental Rights. The theme of the event centered on Article 19 of the UN Convention on the Rights of Persons with Disabilities (CRPD), which emphasizes the right to live independently and be included in the community. The aim was to promote the implementation of the CRPD, particularly in areas with common challenges.

Supported Decision-Making and Legal Capacity

Marine Uldry from Human Rights Policy Coordinator at the European Disability Forum, highlighted critical aspects of the EDF Human Rights Report on Legal Capacity, published in September 2024. The report explores the state of legal capacity laws across the EU, the link between denial of legal capacity and human rights violations, and promising practices to address these issues. Uldry emphasized that Article 12 of the CRPD obliges countries to transition from substituted decision-making systems to supported decision-making approaches, though challenges and gaps remain across the EU.

Experiences in Supported Decision-Making from Latvia and Lithuania

Dace Kampenusa from Latvia's Ministry of Welfare shared insights into the development of supported decision-making (SDM) services in Latvia. Following the ratification of the UNCRPD in 2010, Latvia undertook significant legal reforms, including amending the Civil Law in 2013 to partially restrict legal capacity only in property and financial matters. A pilot project, supported by the EU Structural Funds, demonstrated the effectiveness of SDM services, highlighting improved independence and quality of life for participants. Since November 2023, these services have been state-funded and delivered by the NGO Zelda, with support tailored to individual needs. Challenges remain, especially concerning persons with severe intellectual disabilities, aligning with the UNCRPD Committee's call to eliminate legal capacity restrictions entirely.

Dr. Rasa Genienė, Senior Advisor at the Ministry of Social Security and Labour of Lithuania, presented on Lithuania’s experiences in developing supported decision-making. A pilot decision-support service in Lithuania demonstrated improvements in the psycho-emotional health of persons with disabilities, changes in work culture among social organizations, and increased access to social and healthcare services. The initiative has also influenced public attitudes, marking significant steps towards restoring legal capacity and promoting human rights.

Supported Decision-Making in the new Disability Services Act in Finland

Rut Nordlund-Spiby from the Finnish Institute for Health and Welfare presented on supported decision-making in the new Disability Services Act, which came into effect on January 1, 2025. This new law introduces supported decision-making as a subjective right, with Wellbeing services counties having a special obligation to provide this service. Although supported decision-making has existed in practice, it is now formally stipulated in the new disability act. The law outlines specific situations where supported decision-making is essential, such as during serious illness, major life transitions, significant family changes, and moving to a new place. The support provided includes acquiring information, understanding options and their consequences, forming and expressing one's own opinion, and making and implementing decisions.

Pia Mölsä from Inclusion Finland presented principles for supporting decision-making based on Finnish experiences. Inclusion Finland aims to safeguard the inclusion and fundamental rights of people with learning disabilities, providing necessary support for their families. Mölsä emphasized the importance of real decisions made by individuals and the challenges in changing societal attitudes. The process of supported decision-making is versatile, flexible, and time-consuming, involving acquiring information, understanding options, forming opinions, and implementing decisions. Supporters play a crucial role in helping individuals understand their decisions and their consequences, while striving to have minimal influence on the decision-making process.

Norway’s Draft Law on Supported Decision-Making

Kjetil Mujezinovic Larsen from the University of Oslo discussed Norway’s draft law on supported decision-making. This proposal follows a comprehensive review of the Norwegian Guardianship Act that began in 2021. Larsen outlined sections of the proposed legislation, focusing on principles, scope, expression of will, decision supporters, supervisory authority, and relationship to existing guardianship laws. Though civil society and government dialogue continues, the draft has yet to result in specific legislation.

Supported Decision-Making for Adults with Moderate Intellectual Disabilities in Denmark

Mie Engen, Thomas Waring Stubbe, and Oline Petersen, researchers from Denmark, presented on a collaborative project aimed at supporting independent decision-making for adults with moderate intellectual disabilities. The project emphasizes the right to personal autonomy and co-creation. Using relational autonomy and ethics of care as theoretical frameworks, the initiative involves partnerships with supported living organizations and municipal departments. The multi-year project includes policy studies, interviews, and co-creation laboratories to develop and integrate methods supporting independent decision-making into daily and professional practices.

Independent Living Practices

The session on independent living featured a presentation by Olga Martínez de Briones from the European Commission, who discussed guidance on independent living and inclusion in the context of EU funding. This was followed by a series of presentations showcasing practices from Nordic and Baltic countries.
Read more: Exploring Independent Living Practices Across Nordic and Baltic Countries (THL-blog)

The recordings from the first day's presentations can be viewed in our online Handbook on Disability Services. There are English subtitles.
Recordings from the event Right to live independently and be included, 12 February 2025

Interactive Workshops on day 2

The second day featured interactive workshops held on-site at the Finnish Institute for Health and Welfare in Helsinki. The workshops were not recorded and could be attended only on site. About 40 people participated.
The workshops focused on three main themes:

supported decision-making (SDM),
re-institutionalization, and
independent living.

Participants engaged in collaborative discussions, sharing insights and practical strategies for advancing these initiatives. Discussions ranged from practical strategies for implementing policies to explore changemakers’ roles. Participants collaboratively examined key challenges and proposed actionable steps, further solidifying the region's collective commitment to creating inclusive societies.