CONSOLIDATION OF LEGAL CAPACITIES IN ORDER TO GRANT PROFESSIONAL ASSISTANCE TO PEOPLE WITH MENTAL DISABILITIES
CONSOLIDATION OF LEGAL CAPACITIES IN ORDER TO GRANT PROFESSIONAL ASSISTANCE TO PEOPLE WITH MENTAL DISABILITIES

Summary/Abstract: Currently, legal assistance of people with mental disabilities, mostly victims of torture and other ill-treatment, has probably raised more ethical and legal controversy than any other area of law. One explanation for this is that clinical medicine cannot treat the patient without his free and informed consent. One can be called to get involved in imposing a certain treatment on a particular patient, who is unable to express consent, and a primary role in this activity rests with the actors on the stage where justice is achieved, those who are to intervene whenever needed to fight against torture and ill-treatment admitted in relation to such persons. The objective of this paper is the concept of reasonable accommodation in the field of justice, which supposes persons with disabilities enjoying or exercising all human rights and fundamental freedoms, on an equal basis with the others.

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