Bulgarian discussion on guardianship
between the Constitutional Court and the bill for individuals and support measures Cover Image
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Българската дискусия за запрещението между решението на Конституционния съд и Законопроекта за физическите лица и мерките за подкрепа
Bulgarian discussion on guardianship between the Constitutional Court and the bill for individuals and support measures

Author(s): Velina Todorova
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Legal capacity; human rights; equality before the law; guardianship; measures for support; supported decision making;

Summary/Abstract: The article speculates on the recent developments in Bulgaria in regard with the legal reform following the UN Convention on the Rights of Persons with Disabilities. The Bulgarian discussion is presented with a focus on the opinions submitted to the Constitutional Court related to the Case 10/2014 opened on the Application of the National Ombudsman claiming the Bulgarian regime of guardianship being against the Constitution. The submissions are critically examined against the key article 12 of the Convention setting out obligations of member states to recognize the equal legal capacity of people with psychosocial impairments and intellectual disabilities as well as the General Comment 1 of the UN Committee of the Rights of Persons with Disabilities. The Draft Law on Physical Persons and Measures of Support recently presented for discussion by the Ministry of Justice is briefly introduced.

  • Issue Year: LVI/2015
  • Issue No: 2
  • Page Range: 90-121
  • Page Count: 32
  • Language: Bulgarian