What if you suddenly fall into a coma after an accident? Or if dementia gradually impairs your ability to make decisions? In such situations, a great deal falls on the shoulders of family and loved ones, not only emotionally, but also legally. Who then makes decisions about your finances or medical care? And whose will are those decisions based on?
In his inaugural lecture, legal scholar Tim Wuyts from Vrije Universiteit Amsterdam (VU) explores how we deal with the rights of people who are temporarily or permanently unable to make decisions for themselves. In the Netherlands and Belgium, a judge can impose protective measures in such cases, such as placing someone under administration or guardianship. This means another person – an administrator, guardian, or mentor – makes decisions on behalf of the individual concerned.
Equal rights, even in vulnerability
According to the UN Convention on the Rights of Persons with Disabilities (Article 12), people with disabilities must be treated equally before the law. This implies a different approach: not deciding for someone, but instead providing support so that the person can make decisions themselves as much as possible – based on their own will and preferences.
How do we avoid paternalism?
In his lecture, Wuyts asks how we can make this shift. What does it require from our legislation, from practice, and from the people involved in these situations? And how do we ensure that protection does not turn into paternalism?
The answer is not simple, but the question touches the heart of what legal protection truly means – especially for those in vulnerable positions.
The inaugural lecture will take place on 16 May at Vrije Universiteit Amsterdam.