What is the difference between MCA (2005) and CRPD?

The Mental Capacity Act (MCA) and the United Nationals Convention on the Rights of Persons with Disabilities (CRPD) are both legal frameworks that address issues relative to decision-making capacity and legal representation. However, there are a number of key differences in their scope and approach:

MCA (2005) vs CRPD (2008)

1. National vs International
   
   MCA – The Mental Capacity Act is a law enacted in England and Wales. It is a legal framework regarding decision-making capacity and applies specifically to these two jurisdictions.
   
   CRPD – The CRPD sets out a comprehensive framework for the worldwide protection and rights of persons with disabilities. It is not specific to any country, primarily serving as a guideline for developing disability rights, laws, and policies.
   
   
2. Scope
   
   MCA – The primary focus of this act is that of issues relating to mental capacity and decision-making. It provides a framework for those making decisions on behalf of individuals who lack the capacity to do so themselves.
   
   CRPD – This is a broader human rights treaty that covers a wide range of rights and issues relating to persons with disabilities. While the framework covers decision-making capacity, it is not the sole focus.
   
   
3. Principles
   
   MCA – The Mental Capacity Act mostly concerns itself with a functional assessment of capacity. Placing emphasis on the welfare and protection of individuals who lack capacity. It acts as a guideline for making supported decisions with a person’s best interests in mind.
   
   CRPD – Based on a social model of disability, the CRPD emphasises the importance of inclusion, equality, and non-discrimination. It promotes the idea that disability results from societal barriers and attitudes, rather than the inherent limitations of individuals.
   
   
4. Decision-Making Process
   
   MCA – Allowing for substituted decision-making, this act allows for others to make decisions on behalf of individuals who lack the capacity to do so. It emphasises a process of assessing capacity and determining how decisions should be made in a person’s best interests relative to this.
   
   CRPD – The CRPD prioritises supported decision-making only where it enables individuals to make these choices themselves, recognising the right to legal capacity for all persons with disabilities. This ensures that their preferences are respected in all matters, and that substituted decision-making is treated as a last resort where necessary.
   

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