open access

Vol 11, No 4 (2014)
Review paper
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Incapacitation — is this institution still needed?

Inga Markiewicz, Janusz Heitzman, Anna Pilszyk
Psychiatria 2014;11(4):203-210.

open access

Vol 11, No 4 (2014)
Prace poglądowe - nadesłane

Abstract

Incapacitation is a very controversial institution of polish civil law. Especially in the last several years, due to the increasing popularity of the concept of equality and non-discrimination of people with mental disorders, the meaning of the existence of this institution has been questioned in the context of its purpose. Concerns relate primarily to the scope of interference with the subjectivity and autonomy of the person in respect of which it is predicated incapacitation. The opponents of this theory even argue that total incapacitation, the consequence of which is the loss of legal capacity, violates human dignity, also constitutional principles and it is contrary to the provisions ratified by Poland in 2012 Convention On The Protection Of Individuals With Disabilities. The following article presents an analysis of incapacitation from the legal situation point of view and the actual person to whom it was issued (regulations, legal consequences, the practice of using) and the appropriateness of its use against the alternative arrangements in other European countries.

Abstract

Incapacitation is a very controversial institution of polish civil law. Especially in the last several years, due to the increasing popularity of the concept of equality and non-discrimination of people with mental disorders, the meaning of the existence of this institution has been questioned in the context of its purpose. Concerns relate primarily to the scope of interference with the subjectivity and autonomy of the person in respect of which it is predicated incapacitation. The opponents of this theory even argue that total incapacitation, the consequence of which is the loss of legal capacity, violates human dignity, also constitutional principles and it is contrary to the provisions ratified by Poland in 2012 Convention On The Protection Of Individuals With Disabilities. The following article presents an analysis of incapacitation from the legal situation point of view and the actual person to whom it was issued (regulations, legal consequences, the practice of using) and the appropriateness of its use against the alternative arrangements in other European countries.

Get Citation

Keywords

total legal incapacitation, partial legal incapacitation

About this article
Title

Incapacitation — is this institution still needed?

Journal

Psychiatria (Psychiatry)

Issue

Vol 11, No 4 (2014)

Article type

Review paper

Pages

203-210

Bibliographic record

Psychiatria 2014;11(4):203-210.

Keywords

total legal incapacitation
partial legal incapacitation

Authors

Inga Markiewicz
Janusz Heitzman
Anna Pilszyk

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