Promoting Autonomy in Adult Guardianship Measures
Year: 2025
Type: article
Abstract: Promoting Autonomy in Adult Guardianship Measures In recent decades, there has been a growing emphasis on respecting the autonomy of adults under guardianship, as reflected in the UN Convention on the Rights of Persons with Disabilities (CRPD) and European Convention on Human Rights (ECHR). However, limited comparative research has been conducted on how European legal systems align with the human rights requirements of the CRPD and ECHR regarding the autonomy of adults under guardianship. This article addresses this gap by examining the alignment of 28 European jurisdictions with two core requirements of supported decision-making outlined by the CRPD Committee: the recognition of legal capacity and the respect for individuals’ will and preferences. Drawing on 28 country reports from legal experts within the Family Law in Europe (FL-EUR) network, the article provides a comprehensive analysis of how these requirements are incorporated into various European legal frameworks. The findings reveal that neither requirement is fully reflected in any jurisdiction, raising questions about the practical feasibility of implementing the CRPD Committee’s standards. Given the ageing population and the increasing number of individuals who may require guardianship measures, the article argues for a more flexible, operationally viable approach. To this end, it suggests strategies for aligning legal systems with the core principles of human rights, without requiring a complete overhaul of existing legal frameworks.
Source: Family & Law
DOI: 10.5553/fenr/.000074
Author: Fiore Schuthof
Language: English
Subfield: Clinical Psychology
Field: Psychology
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4413168416