Relevant bibliographies by topics / Article 12 CRPD

Academic literature on the topic 'Article 12 CRPD'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Article 12 CRPD"

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de Bhailís, Clíona, and Eilionóir Flynn. "Recognising legal capacity: commentary and analysis of Article 12 CRPD." International Journal of Law in Context 13, no. 1 (February 15, 2017): 6–21. http://dx.doi.org/10.1017/s174455231600046x.

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AbstractThis paper aims to summarise the current understanding and literature around Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). It provides a brief history of the key terms associated with the right to equal recognition before the law and encompasses both academic writing in this area and General Comment No. 1 from the Committee on the Rights of Persons with Disabilities. The content is intended to provide readers of this Special Issue with a general understanding of developments surrounding Article 12 so they can fully engage with the other papers within this Special Issue and with the content of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) project as a whole.
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Fallon-Kund, Marie, and Jerome E. Bickenbach. "New Legal Capacity Laws and the United Nations Convention on the Rights of Persons with Disabilities: An Overview of Five Countries in Europe." European Journal of Health Law 24, no. 3 (May 31, 2017): 285–310. http://dx.doi.org/10.1163/15718093-12341413.

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AbstractSeveral state parties to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) undertook recent revisions of their national legal capacity laws. These revisions aim to promote the autonomy of persons with disabilities as set forward by the CRPD. At the same time, the CRPD Committee calls for the abolishment of all forms of substitute decision-making through its first General Comment on Article 12 of the Convention. We thus describe the main components of new legal capacity laws of Belgium, the Czech Republic, France, Germany, and Switzerland and assess those in light of the General Comment. We argue that none of these countries completely abolished substitute decision-making regimes and align with the views that a more realistic interpretation should be given to the CRPD. Such interpretation would provide better guidance for countries in the implementation of Article 12.
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Cukalevski, Emily. "Supporting Choice and Control—An Analysis of the Approach Taken to Legal Capacity in Australia’s National Disability Insurance Scheme." Laws 8, no. 2 (March 27, 2019): 8. http://dx.doi.org/10.3390/laws8020008.

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In mid-2013, the Australian federal government introduced the National Disability Insurance Scheme (NDIS), a ground-breaking reform of disability support services, encapsulated by the mantra of increasing “choice and control”. The scheme provides eligible persons with disabilities a legislated entitlement to supports they may require to increase their independence and social and economic participation. The NDIS has been hailed as a major step forward in Australia’s efforts to realize the human rights of persons with disabilities, in accordance with the UN Convention on the Rights of Persons with Disabilities (CRPD). A core aspect of the CRPD is guaranteeing persons with disabilities their civil and political right to equality before the law, including their right to enjoy legal capacity on an equal basis with others, as provided by Article 12 of the CRPD. The purpose of this paper is to examine how the concept of choice and control has been operationalized within the NDIS and to critically analyze the extent to which it accords with the requirements of Article 12. It will be argued that even though the NDIS expressly seeks to implement the CRPD as one of its key objectives, it ultimately falls short in fully embracing the obligations of Article 12 and the notions of autonomy and personhood underlying it.
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Morrissey, Fiona. "The United Nations Convention on the Rights of Persons with Disabilities: A New Approach to Decision-Making in Mental Health Law." European Journal of Health Law 19, no. 5 (2012): 423–40. http://dx.doi.org/10.1163/15718093-12341237.

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Abstract The UN Convention on the Rights of Persons with Disabilities (CRPD) requires us to engage in new approaches to decision-making in mental health law. The reclassification of mental health rights to the realm of disability rights is an important step towards equal treatment for persons with psychosocial disabilities. Law reformers worldwide are beginning to consider the implications of the provisions. Legislators will be required to understand the underlying philosophy of the CRPD to realise the rights set out in it. The CRPD possesses a number of innovative provisions which can transform decision-making in the mental health context. Article 12 provides a new conceptualisation of persons with disabilities and their capacity to participate by requiring support to exercise legal capacity. While good practice exists, the provision has yet to be fully implemented by many State Parties. This article discusses the impact of the CRPD on mental health law, legal capacity law and describes examples of supported decision-making models for mental health care.
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Klie, Thomas, and Jörg Leuchtner. "Mental Capacity." GeroPsych 28, no. 1 (January 2015): 7–15. http://dx.doi.org/10.1024/1662-9647/a000117.

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The Convention on the Rights of Persons with Disabilities (CRPD) was adopted on December 13, 2006. It states that, in order to guarantee their legal capacity, all individuals with a disability are entitled to receive access to legal assistance and support proportionate to the degree of their respective mental capacity. Appropriate professional and legal interaction with people suffering from dementia presents a key challenge to all countries that have ratified the CRPD. This review describes the meaning of Article 12 of the CRPD with regard to the mental capacity of people with dementia as well as the challenges and possible paths of action arising from the ratification of the CRPD in Germany. The review closes with an illustration of exemplary international approaches that provide an opportunity to open up new perspectives.
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Bornman, Juan. "Preventing Abuse and Providing Access to Justice for Individuals with Complex Communication Needs: The Role of Augmentative and Alternative Communication." Seminars in Speech and Language 38, no. 04 (September 2017): 321–32. http://dx.doi.org/10.1055/s-0037-1604279.

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AbstractIndividuals with disabilities, in particular those with complex communication needs, have an increased risk of falling victim to crimes such as abuse and violence. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) highlights the human rights that all persons should enjoy. It recognizes the importance of communication, not only as a basic human right that is essential to ensure one's protection and one's participation in all spheres of life, but also as an essential human need through which opinions, thoughts, emotions, and points of view can be shared. This article will address four specific articles of the CRPD that are essential for preventing abuse (including sexual abuse) and for providing access to justice for these at-risk individuals. These are: Article 6 (Women with Disabilities); Article 16 (Freedom from Exploitation, Violence and Abuse); Article 12 (Equal Recognition before the Law); and Article 13 (Access to Justice). Seven South African studies that focused on these four articles will be described in terms of their aims, methods, results, and clinical implications.
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Newcombe, Nicolina. "Reflecting on an unexpected challenge in obtaining ethical approval for research with adults with learning disabilities." Waikato Journal of Education 27, no. 2 (September 8, 2022): 27–32. http://dx.doi.org/10.15663/wje.v27i2.920.

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Obtaining ethical approval for my PhD research with adults with learning (intellectual) disabilities presented an unexpected challenge of learning to work with two sets of guidance: the United Nations Convention on the Rights of Persons with Disabilities (CRPD), and the Ethical Conduct in Human Research and Related Activities Regulations (HRR). The CRPD binds States Parties to progress equal rights for people with disabilities of which Article 12, equal recognition before the law, disconnects mental capacity from legal capacity. The HRR protects participants, researchers and institutions and recognises mental capacity as a component of informed consent. In applying the CRPD and the HRR as complementary safeguards, and looking through the lens of edgewalking, I gained an appreciation for positively encountering complexity and incorporating multiple points of view. This article will describe how my challenging experience enabled skill building to develop a more strategic academic voice and will be of interest to student and other researchers.
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Müller, Sabine. "Einfluss der UN-Behindertenrechtskonvention auf die deutsche Rechtsprechung und Gesetzgebung zu Zwangsmaßnahmen." Fortschritte der Neurologie · Psychiatrie 86, no. 08 (August 2018): 485–92. http://dx.doi.org/10.1055/a-0597-2031.

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ZusammenfassungDie UN-Behindertenrechtskonvention (UN-BRK) hat die Rechtsprechung und Gesetzgebung zur Psychiatrie in Deutschland beeinflusst. Sie hat bei richtungweisenden Entscheidungen des Bundesverfassungsgerichts und des Bundesgerichtshofs eine Rolle gespielt, durch die Novellierungen des Betreuungsrechts und verschiedener Landesgesetze (PsychischKranken-, Unterbringungs- und Maßregelvollzugsgesetze) veranlasst wurden.Außerdem hat sie eine intensive Diskussion innerhalb der Psychiatrie angestoßen, die inzwischen zu einem kritischeren und zurückhaltenderen Umgang mit Zwangsbehandlungen geführt hat.Die Auslegung der UN-BRK ist allerdings umstritten. Das von der UNO eingesetzte "Committee on the Rights of Persons with Disabilities" (CRPD) hat 2014 in seinem "General Comment on Article 12 of the UN Convention" eine Interpretation der UN-BRK veröffentlicht, die in problematischer Weise von früheren internationalen Vereinbarungen über Menschenrechte und früheren WHO-Empfehlungen abweicht. Darin fordert das CRPD u.a. die völlige Abschaffung von ersetzenden Entscheidungen durch rechtliche Betreuer sowie die vollständige Abschaffung von Unterbringungen und Zwangsmaßnahmen. Von Seiten der Bundesregierung wird die Auslegung des CRPD nicht anerkannt. Auch das Bundesverfassungsgericht hat in einer Entscheidung zu Zwangsbehandlungen zum einen festgestellt, dass die Stellungnahmen des CRPD für internationale und nationale Gerichte nicht völkerrechtlich verbindlich sind. Zum anderen hat es die Position des CRPD inhaltlich kritisiert und insbesondere dargelegt, dass aus der UN-BRK keineswegs folgt, dass es keinerlei ersetzende Entscheidungen und keinerlei Zwangsbehandlungen geben dürfe. Vielmehr sieht das Bundesverfassungsgericht eine Schutzpflicht des Staates gerade für Menschen, die aufgrund von Krankheit oder Behinderung keinen freien Willen bilden können und sich in hilfloser Lage befinden. Diese Menschen sollten nicht ihrem Schicksal überlassen werden.Das Bundesverfassungsgericht hat die UN-BRK interpretiert, indem es zwischen den verschiedenen Grundrechten abgewogen und zwischen dem freien und dem natürlichen Willen differenziert hat, während das CRPD ein naiv verstandenes Recht auf Selbstbestimmung absolut gesetzt hat.
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LEE, Myunghwa. "Recognition of Legal Capacity in CRPD Article 12 and the Korean Constitutional Court Decision on Forced Institutionalization." KOREAN JOURNAL OF INTERNATIONAL LAW 66, no. 2 (June 30, 2021): 103–28. http://dx.doi.org/10.46406/kjil.2021.06.66.2.103.

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Glen, Kristin Booth. "Supported Decision-Making and the Human Right of Legal Capacity." Inclusion 3, no. 1 (March 1, 2015): 2–16. http://dx.doi.org/10.1352/2326-6988-3.1.2.

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Abstract The United Nations Convention on the Rights of Persons With Disabilities (CRPD) establishes a new paradigm of supported decision-making, rather than guardianship or substituted decision-making, for people with intellectual disability (ID). Article 12 of the CRPD guarantees every person's right to legal capacity—to make her/his own decisions and have those decisions legally recognized—and specifically requires governments to provide people with ID the supports they may need to exercise legal capacity. The Article describes the human rights regime and explores different forms of supported decision-making and legislative efforts to abolish guardianship. It calls for a paradigm shift in how we view people with ID, from inquiry into what a person cannot do, to supports necessary to enable her/him to make her/his own decisions, and the legal efforts necessary to ensure that such decisions are recognized by third parties including financial institutions, healthcare providers, and government agencies.
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Dissertations / Theses on the topic "Article 12 CRPD"

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Laikind, Lawrence A. "The Application of Article 12 of the Convention on the Rights of Persons with Disabilities(CRPD) to decisions of Australian tribunals and court administering guardianship legislation." Thesis, Queensland University of Technology, 2016. https://eprints.qut.edu.au/101500/1/Lawrence_Laikind_Thesis.pdf.

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This thesis examines compliance of decisions by Australian tribunals and courts administering guardianship legislation with the requirement of Article 12 of the Convention on the Rights of Persons with Disabilities that all adults have the right to universal legal capacity. Over 300 publically available guardianship tribunal and court decisions involving residential accommodation were examined from NSW, Queensland and Victoria. The cases reviewed were from the period between Australia’s ratification of the Convention in 2008 and July 2015. There was variable compliance with the Convention across the States. The principles in the guardianship legislation were more important than the Convention, and ‘best interests’ principles took priority over autonomy-based principles consistent with the Convention.
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Byrne, Marion Helen. "Measuring compliance of non-forensic mental health laws with article 12 of the convention on the rights of persons with disabilities." Thesis, Queensland University of Technology, 2019. https://eprints.qut.edu.au/134260/2/Marion_Byrne_Thesis%5B1%5D.pdf.

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This thesis responds to calls for greater clarity regarding the human rights standards that should be met by mental health legislation, and a mechanism by which to measure such standards. The research provides a new and contemporary human rights analysis tool, the Analysis Instrument for Mental Health, and uses the tool to demonstrate compliance of Victorian mental health legislation. The outcomes that can be achieved through use of the tool include identification of compliance with human rights, and law reform required to achieve full recognition of the right to equal recognition before the law under mental health legislation.
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Huang, Li-Yu, and 黃立宇. "The Constitutional Implementation of Legal Capacity under Article 12 of CRPD with the Comparative Analysis of European Experiences." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/20106647449299413835.

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碩士
國立臺灣大學
法律學研究所
105
The UN Convention on the Rights of Persons with Disabilities (CRPD) has been incorporated into the Taiwan legal system since 2014, above all, article 12 of CRPD, according to General Comment No. 1 of CRPD Committee, in order to implement the supported decision-making, the states parties should refrain from any actions that deprives persons with disabilities of the right to equal recognition before the law. The legal effect of the commencement of guardianship under Civil Code of Taiwan, including the commencement of assistance, deprives or restricts the legal capacity of persons with mental disability or intellectual disability, intervening the exercise of the rights under Constitution of R.O.C., and thus belongs to the so called substitute decision-making as defined by the CRPD Committee. The topic of this thesis is to reconcile the gap between article 12 of CRPD and the domestic legal system through the constitutional interpretation to fulfill the constitutional implementation of legal capacity under CRPD. To discuss the implementation of CRPD concerning the guardianship system, the thesis starts from the European experiences, analyzes the implementation under article 12 of CRPD in European countries and their cognition to the legal capacity through the reports of European states parties and the concluding observations of CRPD Committee; introduces the recommendations of the Council of Europe as the common standard of European community; and finally, finds out the gap between the European experiences and the conventional value through the interpretation and the application of the European Court of Human Right on the European Convention on Human Rights. On the comparative ground, the thesis answers the topic in three dimensions: first, replying the cognition which argues that the Taiwan legal system is not subject to CRPD under international law, because the Taiwan government failed to accomplish the conventional accession procedure, the thesis denies the viewpoint by the notion of unilateral declaration under international law, and thus, the Taiwan government does have the conventional obligation to perform CRPD; second, to the meaning of the ‘‘constitutional implementation’’, the thesis analyzes the constitutional interpretations of Judicial Yuan, finds out that the international conventions may have the value of reference in practice, its significance is, through the constitutional interpretation, to confirm the constitutional foundation of the personality rights of persons with disabilities, and thus, to constitute the legal environment suitable for the implementation of supported decision-making; and last, with the cognition of article 12 of CRPD and the European experiences, the thesis examines the constitutionality of the guardianship system of Civil Code under the personality rights of persons with disabilities in article 22 of the R.O.C. Constitution with the principle of proportionality, due process of law, and the principle of equality, and finds out the conclusion on unconstitutionality, the thesis also provides three suggestions for the upcoming legal reform.
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Peukert, Susan Elizabeth. "Increasing the Participation of Persons with Mental Illness in Mental Health Treatment Decision-Making." Thesis, 2021. https://hdl.handle.net/2440/133844.

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For too long the voices of persons with mental illness have been marginalised. These persons have been sidelined and unable to meaningfully participate in mental health treatment decision-making. This thesis answers the pivotal question of how we can increase the participation of involuntarily treated persons in the mental health treatment decision-making process. To achieve this goal, a participatory model of decision-making support is developed. If adopted, the model will empower persons with mental illness to make their own decisions with legal effect through the provision of supported decision-making and recognition of their will and preferences. Law reform is needed to realise the changes proposed. The participatory model developed promotes respect for the rights of persons with mental illness. These rights arise from bioethical principles of autonomy, justice, non-maleficence and beneficence, and article 12 of the Convention on the Rights of Persons with Disabilities (‘CRPD’). These principles give rise to the four key themes which provide a framework of analysis throughout this thesis: autonomy, supported decision-making, will and preferences and the protection of the rights of persons with mental illness. The participatory model is built on this framework of analysis to evaluate a continuum of approaches to mental health law, ranging from traditional mental health legislation through to emerging progressive approaches. The participatory model draws on international best practice to create a model that promotes decision-making support and the recognition of the will and preferences of individuals, while focusing on the promotion of their rights and their ability to make autonomous decisions where practicable. The model developed is consistent with the spirit of the CRPD. It represents a path forward whereby persons with mental illness and their supporters can more greatly participate in the mental health treatment decision-making process. This means that some persons who might otherwise be treated involuntarily will be supported to the degree that they are able, to participate in decisions surrounding their treatment in collaboration with their treating psychiatrist and supporters. This will allow persons with mental illness to build their mental capacity to the point where they may be treated voluntarily. It is hoped that this model will lead to mental health law reform to realise its recommendations. This would enable persons with mental illness to have their rights respected and to be able to participate to a greater extent in the mental health treatment decision-making process when being treated involuntarily.
Thesis (Ph.D.) -- University of Adelaide, Adelaide Law School, 2021
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Books on the topic "Article 12 CRPD"

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Kamundia, Elizabeth. Kenya. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0010.

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This chapter describes the use of the Convention on the Rights of Persons with Disabilities (CRPD) by Kenyan courts. The chapter analyses fourteen cases in which Kenyan courts have made reference to the CRPD and finds that there is a steady increase in the usage of CRPD provisions by Kenyan courts, particularly since the coming into force of the Constitution of Kenya in 2010 which transformed Kenya into a monist state. The most widespread use of the CRPD is to support a decision that would have been reached anyway, based on other sources; however, in a few cases, the CRPD has significantly impacted on court judgments. The vast majority of references to the CRPD in court cases were references to specific CRPD articles including Articles 2, 4, 5, 12, 26, 27, 28 and 29. Kenyan courts are not currently engaging in a transnational dialogue regarding the CRPD.
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Book chapters on the topic "Article 12 CRPD"

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Francis, Leslie P. "Forms of Equality, Faces of Discrimination: CRPD Article 5, Article 12, and the Disability’s Difference Debate." In Disability Law and Human Rights, 107–25. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-86545-0_6.

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Yi, Huang. "The ‘Transposition’ of Article 12 of the CRPD in China and Its Potential Impact on Chinese Legal Capacity Law and Culture." In Recognising Human Rights in Different Cultural Contexts, 203–25. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-0786-1_10.

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Penelope, Weller. "Art.25 Health." In The UN Convention on the Rights of Persons with Disabilities. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198810667.003.0026.

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This chapter examines Article 25 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which requires states to provide persons with disabilities access to health services. It includes an analysis of the interaction between Articles 25 and 12 CRPD. Article 12 is engaged by the obligation in Article 25(d) CRPD to provide medical services on the basis of free and informed consent. The principle of free and informed consent has featured in the jurisprudence of the CRPD Committee with respect to psychiatric treatment under Article 14 (liberty and security of person), Article 15 (freedom from torture or cruel, inhuman, or degrading treatment or punishment) and Article 17 (physical and mental integrity). The conceptualization of informed consent in the disability context is important because voluntariness is a critical component of human interactions that might otherwise be regarded as a violation of human rights.
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Lucy Series and Anna, Nilsson. "Art.12 CRPD Equal Recognition before the Law." In The UN Convention on the Rights of Persons with Disabilities. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198810667.003.0013.

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This chapter examines Article 12 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Article 12 of the CRPD is concerned with how legal systems enable and disable people as legal actors. In the view of the UN Committee on the Rights of Persons with Disabilities and many of those involved in negotiating Article 12, it introduces a new paradigm of ‘universal legal capacity’ that cannot be limited on grounds of disability or mental incapacity. The Committee maintains that this requires the abolition of all forms of substitute decision-making. This interpretation of Article 12 is contested in the literature, but for many involved in the disability movement, ending guardianship and other forms of substitute decision-making is central to wider advocacy goals of ending institutionalization, forced treatment, and loss of fundamental citizenship rights such as the ability to vote, marry, and own property.
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Phil, Fennell. "Art.15 Protection against Torture and Cruel or Inhuman or Degrading Treatment or Punishment." In The UN Convention on the Rights of Persons with Disabilities. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198810667.003.0016.

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This chapter examines Article 15 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which prohibits torture and cruel, inhuman, or degrading treatment or punishment (CIDTP), irrespective of the circumstances and the victim’s behaviour. Article 15 rights overlap with rights under other CRPD articles, including the right to legal capacity on an equal basis with others under Article 12; the right to liberty and security under Article 14; the right to protection against violence, exploitation and abuse under Article 16; the right to physical and mental integrity under Article 17 and; the right to health care on an equal basis with others and based on informed consent under Article 25.
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Ilias, Bantekas. "Art.7 Children with Disabilities." In The UN Convention on the Rights of Persons with Disabilities. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198810667.003.0008.

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This chapter examines Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The first instrument to specifically address the rights of children with disabilities was the 1989 Convention on the Rights of the Child (CRC).The CRC recognizes four key guiding principles that permeate our understanding and construction of all pertinent rights related to children. These principles are: a) the best interests of the child (Article 3 CRC); b) respect for the views of the child (Article 12 CRC); c) the right to life, survival, and development (Article 6 CRC); and d) non-discrimination (Article 2 CRC). The CRC was also the first instrument specifically to address the rights of children with disabilities, particularly in Article 2(1) (non-discrimination) and Article 23 (general welfare for disabled children). However, Article 7 CRPD and other children-related rights in the CRPD (eg Article 23) constitute a significant improvement to Article 23 CRC.
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Flynn, Eilionóir. "Legal capacity for people with dementia: a human rights approach." In Dementia and Human Rights. Policy Press, 2018. http://dx.doi.org/10.1332/policypress/9781447331377.003.0007.

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This chapter explores the right to legal capacity for people with dementia. The analysis focuses on General Comment 1 of the UN Committee on the rights of persons with disabilities. The chapter also provides some examples of law reform around the world on the issue of legal capacity and considers how these reforms may impact on people with dementia. Finally the chapter considers how the right to legal capacity may be framed in any new UN Convention on the rights of older persons. The chapter argues that legal capacity is a critical human rights issue in the context of dementia and that Article 12 (CRPD) and the general comment 1 provide a strong base for respecting the autonomy and self determination of people with dementia
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"Ensuring the Compatibility of the Ethiopian Law on Legal Capacity with Article 12 of the Convention on the Rights of Persons with Disabilities (crpd)." In Implementation of International Human Rights Commitments and the Impact on Ongoing Legal Reforms in Ethiopia, 188–207. Brill | Nijhoff, 2020. http://dx.doi.org/10.1163/9789004415966_010.

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Marco, Lamandini, D’Ambrosio Raffaele, and Muñoz David Ramos. "Part V Supervisory Review and Evaluation Process and Pillar 2 Capital, 18 Supervisory Review and Evaluation Process (SREP) in the Context of the Exercise of Supervisory Powers and Extraordinary Measures." In Capital and Liquidity Requirements for European Banks. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198867319.003.0018.

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This chapter discusses the concepts of Pillar 2 and Supervisory Review and Evaluation Process (SREP), which were adopted by Basel II to promote a better measurement and management by credit institutions of their risks and to make capital requirements more risk-sensitive and more individually tailored than under previous Basel Committee on Banking and Supervision (BCBS) standards. The SREP’s relational supervisory model helps to bridge the gap between supervisory and crisis-management situations. Should the SREP show that the institution does not meet the prudential requirements or is likely to breach the same within the following 12 months, Article 102 CRD V provides that competent authorities must require an institution to take the necessary measures at an early stage to address relevant problems. This includes relying on a wide set of supervisory powers listed in Article 104 CRD V. The EBA Guidelines extensively detail the use of these supervisory powers, giving a number of examples for each of the SREP element and, as to capital adequacy, for each of the risks to capital. They also clarify that in addition to such supervisory powers, the competent authorities may also adopt measures provided for under national law and, when applicable, early intervention measures as specified in Article 27 BRRD.
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