Another important aspect of freedom of choice is related to endowing people with disabilities with legal personality on an equal basis with all other people.

Restricting people’s general freedom of choice and their right to respect for that choice inevitably jeopardizes their ability to make more specific choices, such as their choice of where to live and how to live in society. At the same time, social isolation increases the risk that people with disabilities will be recognized as disabled. The lack of choice and rigid external control that are the hallmarks of life in institutions mean that a person with a disability has virtually no say in their own destiny.

Recent high-profile cases in the European Court of Human Rights have highlighted human rights violations resulting from the incapacitation and institutionalization of people with disabilities.12 Given the fact that many jurisdictions generally grant guardians the right to place persons with disabilities in such institutions, recent rulings imply that these states will have to reconsider those provisions of their legislation that equate guardian consent with the consent of the incapacitated person himself. The new approach will give greater legal weight to the will of a person with a disability.