Новата парадигма на правосубектността: член 12 от Конвенцията на ООН за правата на хората с увреждания
The New Paradigm of Legal Personhood: Article 12 of the UN Convention of the Rights of People with Disabilities

Summary/Abstract: The article aims to present for academic discussions issues stemming from the recently ratified by Bulgaria UN Convention on the Rights of Persons with Disabilities. This Convention and its article 12 in particular, stipulate for equal recognition before the law of the both legal capacity and capacity to act of people with mental disabilities and psycho social problems. The relevant Bulgarian legislation – the Persons and Family Act dates of 1949 and stipulates based on medical condition and social disability to act of those persons to be placed under full or plenary guardianship thus excluding them from exercising their rights and promoting substitute decision making. The article discusses the concept imbedded in the law and ground its inhuman, degrading and nature resulting in violation of basic human rights of people with mental disabilities and psycho social problems. The article develops ideas and concrete argument for discussion to support the future paradigm shift and the related legal changes to put the Bulgarian law in compliance with the UN Convention.

• Details
• Contents