Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Legal Capacity, Guardianship and Supported Decision-Making

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter deals mainly with safeguards required during the process of depriving someone of legal capacity, appointing a guardian, contesting decisions made by a guardian, displacing a guardian and reviewing the need for being deprived of decision-making powers. Guardianship issues are human rights issues. The chapter focuses on problematic aspects of guardianship systems and offers some insights through the lens of the ECHR. It offers guidance on how the Recommendation can be used by litigants, lawyers and judges to support Convention arguments in future cases in domestic courts and at the Strasbourg Court. The difficulty from a guardianship perspective is how to create a system that will have sufficient human rights protections, but at the same time will have enough flexibility. The chapter examines typical guardianship proceedings, and makes some suggestions as to how the Court may deal with these issues in future cases.

Keywords: guardianship; human rights; legal capacity; supported decision-making

10.1163/ej.9789004154230.i-382.38
/content/books/10.1163/ej.9789004154230.i-382.38
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Mental Disability and the European Convention on Human Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation