Konwencja o prawach osób niepełnosprawnych a unormowania Kodeksu rodzinnego i opiekuńczego
Convention on the rights of the disabled and the regulations of the family and guardianship code

Summary/Abstract: The article analyzes the regulations of the Family and Guardianship Code with respect to their compliance with the provisions of the Convention on the rights of the disabled. It states that the Convention provisions will influence the interpretation of the Code provisions. For example, court decisions on the management of spouses’ joint property should take into account the prohibition of arbitrary interference in a disabled person’s family matters, set out in Art. 22 of the Convention. The article analyzes the regulations of the Family and Guardianship Code with respect to their compliance with the provisions of the Convention on the rights of the disabled. It states that the Convention provisions will influence the interpretation of the Code provisions. For example, court decisions on the management of spouses’ joint property should take into account the prohibition of arbitrary interference in a disabled person’s family matters, set out in Art. 22 of the Convention. Art. 12 of the Family and Guardianship Code, defining mental illness or retardation as an impediment to marriage, is in contradiction with the Convention. It requires the legislator’s intervention aimed at ensuring the disabled who reached the age of consent the right to marry and start a family pursuant to a freely expressed and full approval of prospective spouses (Art. 23 of the Convention).

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