Legal protection for people with mental disorders
The way in which the legal subjectivity of persons with disabilities is understood, which is particularly true for persons with mental disorders, is evolving in the context of the legal institution of incapacitation. First of all, a shift from a substitute decision-making model to a supported decisi...
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| Format: | Article |
| Language: | English |
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Akademia Nauk Stosowanych WSGE im. A. De Gasperi w Józefowie
2024-10-01
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| Series: | Journal of Modern Science |
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| Online Access: | https://www.jomswsge.com/Legal-protection-for-people-with-mental-disorders,192837,0,2.html |
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| _version_ | 1846164585005973504 |
|---|---|
| author | Marzena Furtak-Niczyporuk |
| author_facet | Marzena Furtak-Niczyporuk |
| author_sort | Marzena Furtak-Niczyporuk |
| collection | DOAJ |
| description | The way in which the legal subjectivity of persons with disabilities is understood, which is particularly true for persons with mental disorders, is evolving in the context of the legal institution of incapacitation. First of all, a shift from a substitute decision-making model to a supported decision-making model is suggested. The former involves depriving such persons of their legal (procedural) capacity and placing them under the care or guardianship of others. The latter is to provide them with the appropriate means to access the support they will need in exercising their legal (procedural) capacity. Hence, the legal institution of incapacitation should eventually be abolished and replaced with a new legal instrument of support, which is to be directly based on supportive guardians, representative guardians and legal assistants.
The proper protection of the rights of people with mental disorders is obviously possible only within a democratic state of law. |
| format | Article |
| id | doaj-art-fc61a90e3866489e918a05895283071a |
| institution | Kabale University |
| issn | 1734-2031 2391-789X |
| language | English |
| publishDate | 2024-10-01 |
| publisher | Akademia Nauk Stosowanych WSGE im. A. De Gasperi w Józefowie |
| record_format | Article |
| series | Journal of Modern Science |
| spelling | doaj-art-fc61a90e3866489e918a05895283071a2024-11-18T04:29:51ZengAkademia Nauk Stosowanych WSGE im. A. De Gasperi w JózefowieJournal of Modern Science1734-20312391-789X2024-10-01595738210.13166/jms/192837192837Legal protection for people with mental disordersMarzena Furtak-Niczyporuk0https://orcid.org/0000-0003-2444-6456Medical University of LublinThe way in which the legal subjectivity of persons with disabilities is understood, which is particularly true for persons with mental disorders, is evolving in the context of the legal institution of incapacitation. First of all, a shift from a substitute decision-making model to a supported decision-making model is suggested. The former involves depriving such persons of their legal (procedural) capacity and placing them under the care or guardianship of others. The latter is to provide them with the appropriate means to access the support they will need in exercising their legal (procedural) capacity. Hence, the legal institution of incapacitation should eventually be abolished and replaced with a new legal instrument of support, which is to be directly based on supportive guardians, representative guardians and legal assistants. The proper protection of the rights of people with mental disorders is obviously possible only within a democratic state of law.https://www.jomswsge.com/Legal-protection-for-people-with-mental-disorders,192837,0,2.htmlperson with a disabilityperson with a mental disorderincapacitationlegal (procedural) capacitylaw |
| spellingShingle | Marzena Furtak-Niczyporuk Legal protection for people with mental disorders Journal of Modern Science person with a disability person with a mental disorder incapacitation legal (procedural) capacity law |
| title | Legal protection for people with mental disorders |
| title_full | Legal protection for people with mental disorders |
| title_fullStr | Legal protection for people with mental disorders |
| title_full_unstemmed | Legal protection for people with mental disorders |
| title_short | Legal protection for people with mental disorders |
| title_sort | legal protection for people with mental disorders |
| topic | person with a disability person with a mental disorder incapacitation legal (procedural) capacity law |
| url | https://www.jomswsge.com/Legal-protection-for-people-with-mental-disorders,192837,0,2.html |
| work_keys_str_mv | AT marzenafurtakniczyporuk legalprotectionforpeoplewithmentaldisorders |