Поставяне на родител под запрещение и интересите на детето
Legal Incapacitation of a Parent and the Best Interests of the Child

Summary/Abstract: The article presents three instances’ courts decisions on a legal dispute concerning the admissibility of an action for incapacitation of an adult. The analysis focuses on the facts and the reasoning of each of the instances, which lead to the same result – the admission of the claim due to the sufficiently proven legal interest of the ex-wife and mother of a minor child, to claim the full incapacitation of her ex husband. It is submitted that the first two instances discriminated in upholding the admissibility of the action and that the Supreme Court of Cassation admissibility decision was contrary to good morals and the law. The conclusions are based on the paradigm shift in international human rights law since the Convention on the Rights of Persons with Disabilities, which became part of Bulgarian law in 2102. The three judgments represent the poor sensitivity of the judiciary to the rights of persons with disabilities and the rights and interests of the child, in view of the severe and irreversible consequences of incapacitation.

• Details
• Contents