The New Juridical Institutes for the Protection of Persons with Psychosocial Disabilities Introduced by the Romanian Law No. 140/2022

The institute of placing under the ban was a protection measure applicable in Romania for a very long time, so that it remained ingrained in public perception as the only institute that could be applied to people with mental disabilities likely to affect their discernment. The consequence of the app...

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Bibliographic Details
Main Author: Radu Gheorghe Florian
Format: Article
Language:ces
Published: Trnava University, Faculty of Law 2023-12-01
Series:Societas et Iurisprudentia
Subjects:
Online Access:https://sei.iuridica.truni.sk/archive/2023/04/SEI-2023-04-Studies-Florian-Radu-Gheorghe.pdf
Description
Summary:The institute of placing under the ban was a protection measure applicable in Romania for a very long time, so that it remained ingrained in public perception as the only institute that could be applied to people with mental disabilities likely to affect their discernment. The consequence of the application of this institute emerges from its very name, namely the fact that the person targeted by the “protection” promised by the establishment of the prohibition, in fact acquired the stigma of being “forbidden” in the life of the civil circuit, more precisely, the guardian of the court-ordered banned person was in charge of absolutely all his/her fundamental rights and freedoms, excluding him/her completely from participation in social-economic and legal life.
ISSN:1339-5467