Civil law protection statutes
People with disabilities should be supported in exercising their rights rather than being represented
Everyone faces it sooner or later. For example, a close friend who ends up in a coma after a traffic accident, or a parent who receives the devastating news of being diagnosed with dementia. In such situations, who should make decisions about the person’s finances and personal care, and how should this be done? This is the topic addressed by Professor of Private Law Tim Wuyts in his inaugural lecture.
In Belgium and the Netherlands, a judge can impose a protective arrangement in certain cases. This arrangement means that the person concerned can no longer exercise their rights independently and/or autonomously, and instead a guardian, curator, or mentor must act on their behalf.
Article 12 of the UN Convention on the Rights of Persons with Disabilities obliges legislators to treat persons with disabilities as equal before the law. This implies that they must now be supported in exercising their rights, with their will and preferences taking center stage. Wuyts explores what this entails, how it can be achieved, and the challenges involved.