Abstract: in 2015, Ireland enacted reforming legislation to provide for adults who require assistance to exercise their decision-making capacity. At time of writing, the Assisted Decision-Making (Capacity) Act 2015 (‘the 2015 Act’) is largely not yet operational and practical work to prepare for its commencement is ongoing. In March 2018, Ireland ratified the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’). Article 12.2 of the CRPD states that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. At ratification, Ireland entered a declaration and reservation in respect of Article 12 to permit the retention of a form of substitute decision-making. This article reviews the key reforms introduced in Ireland under the 2015 Act, the competing perspectives on states’ obligations under Article 12 and the extent to which the 2015 Act may be said to achieve compliance.

Keywords: capacity; decision-making capacity; human rights; mental capacity; substitute decision-making.