Informace o publikaci
THE EMPOWERMENT AND PROTECTION OF VULNERABLE ADULTS - THE CZECH REPUBLIC AND RESPECT FOR HIS OR HER AUTONOMY IN THE CZECH REPUBLIC
| Název česky | POSÍLENÍ A OCHRANA ZRANITELNÝCH OSOB V ČESKÉ REPUBLICE |
|---|---|
| Autoři | |
| Rok publikování | 2024 |
| Druh | Výzkumná zpráva |
| Fakulta / Pracoviště MU | |
| www | https://assets.budh.nl/open_access/fenr/country_reports/czech_republic.pdf |
| Popis | The paper is focused on the legal reform in the sphere of support, protection and empowerment of vulnerable adults that have occurred only recently in the Czech Republic. It is generally known that paternalistic state knew the best what the persons suffering with mental disease needed. That is why both former Czechoslovakia, or the Czech Republic, regulated even the possibility to fully deprive the person of legal capacity, which was very invasive and cruel solution, sometimes even a kind of punishment. The main authors of the new Czech Civil Code reflected the case law of both the Constitutional Court and Supreme Court of the Czech Republic, and especially development in the field of human rights. The new approached managed to find a fair balance, or proportionality, between the respect for the autonomy of will of vulnerable people and their support and protection. The Czech Civil Code regulates, besides the limitation of legal capacity and appointing the guardian, three special supporting measures those should protect the autonomy of will of vulnerable persons. |