Pravna zaštita starijih osoba s onesposobljenjem u svjetlu preporuke Komiteta ministara Vijeća Evrope broj R(99)4
Legal Protection of Elderly Persons With Disabilities in the Light of the Recommendation of the Committee of Ministers of the Council of Europe Number R(99)4

Author(s): Borjana Miković
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Recommendation R(99)4;Principles; Disability; Elderly; Legal protection; Protection measures; Dignity; Autonomy;
Summary/Abstract: The paper analyses the provisions of Recommendation of the Council of Europe number R(99)4 on Principles Concerning the legal Protection of Incapable Adults, which is one of the key international instruments in the field of legal protection, especially for older persons who need help or have been ordered to some of the protection measures, which includes substitute decision-making. In this regard, Recommendation R(99)4 contains important guidelines for the reform of national legislation, the aim which is to guarantee, wherever possible, the rights, integrity, and independence of these persons to greatest extent possible. This procedure dictates that substitute decision-making should be applied only in the case when it is necessary, with the fact that the principles themselves, in addition to protection measures and procedural rules, also refer to the role of the guardian, who is appointed by the competent authority in accordance with the law. On the basis of the above, the indicators obtained from the comparative legal analysis of the principles contained in Recommendation R(99)4 and the corresponding provisions of the Bosnian legislation in the area of guardianship, especially all three family laws which, as the only measure of protection for all adults with disabilities, standardize guardianship, i.e. substitute decision-making are presented in this paper. Their content for the most part shows the inconsistency of the legislation of Bosnia and Herzegovina with the principles of Recommendation R(99)4, especially in the part that refers to the promotion of self-determination and autonomy, as key prerequisites for respecting human dignity, human rights and freedoms of all adults with disabilities who are after the fully or partially deprivation of their legal capacity placed under guardianship.

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