Instytucja ubezwłasnowolnienia w perspektywie unormowań Konstytucji RP oraz konwencji ONZ o prawach osób niepełnosprawnych

Abstrakt

Persons experiencing mental disorders are subject to special protection in the Polish legal system as well as at the international level. This is due to the mental dysfunction that characterizes them, which puts those people in social relations on the weaker side. At the level of ordinary legislation, an institution that can be applied to such persons is incapacitation which, in the light of the traditional assumption, protects their interests. The Civil Code distinguishes two types of legal incapacitation: full and partial, differentiating the conditions of applying each of them. In recent years, however, this institution has emerged as more and more controversial due to the evolving system of values shared by the society in the national as well as the European perspective. Voices are raised about the necessity of reform, especially because the emphasis on subjectivity and equality of people with disabilities occurred in the acts of international law, as well as it can be found in the norms of the Constitution of the Republic of Poland. On the other hand, the provisions of the Civil Code in the field of incapacitation remain unchanged since their entry into force in 1965, which makes reconsideration of the current solutions justified. The article is devoted to the growing dilemmas related to maintaining the institution of incapacitation both in the perspective of the Constitution of the Republic of Poland and international law.