International Standards in the National System of Legal Capacity of Persons With Disabilities Cover Image

Међународни стандарди у националном систему пословне способности особа са инвалидитетом
International Standards in the National System of Legal Capacity of Persons With Disabilities

Author(s): Olga Jović Prlainović
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legal capacity;International standards;Decision support;Deprivation of legal capacity;
Summary/Abstract: This paper deals with legal capacity as a possibility of deciding on one’s own rights and duties. It is a condition for the exercise of the right to equality and the right to a legal personality and it refers to the enjoyment of the right to privacy and family life as basic human right. The content of paper is dedicated to reminder of established international standards of legal capacity of person with disabilities and is focused on the research of this phenomenon in the national system. Disability as a basis for full deprivation of legal capacity and custody (substitute decision-making) in all modern legal system is considered an outdated approach that denies the enjoyment of human rights and fundamental freedoms. International obligations of the Republic of Serbia are to fulfill international agreements in providing legal opportunities for persons with disabilities to enjoy legal capacity. The question arises as to whether the existing mechanisms in domestic legislation and practice adequately protect the interests of this category of population. Author states that most important of all is the need to stop practice of complete deprivation of legal capacity, giving that the existing system already allows for a less restrictive measure, that is partial deprivation of legal capacity which is still a rarity in Serbia. The decision on partial deprivation should determine the legal areas in which the decision- making right is restricted, emphasizing that in all other situations the person is legally capable.

  • Page Range: 89-107
  • Page Count: 19
  • Publication Year: 2019
  • Language: Serbian