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EUROPEAN FAMILY LAW (steven.seyns@law.kuleuven.be). Legal capacity. Recommendation of the committee of ministers to member states on principles concerning the legal protection of incapable adults UN Convention on the rights of persons with disabilities.

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European family law steven seyns law kuleuven be

EUROPEAN FAMILY LAW

(steven.seyns@law.kuleuven.be)


Legal capacity
Legal capacity

  • Recommendation of the committee of ministers to member states on principles concerning the legal protection of incapable adults

  • UN Convention on the rights of persons with disabilities


1 the right of minors to be heard before the adoption of procedures concerning them
1. The right of minors to be heard before the adoption of procedures concerning them

  • Sommerfeld v Germany

  • Sahin v Germany

  • C. v Finland


2 the right to give informed consent to medical treatments
2. The right to give informed consent to medical treatments procedures concerning them

  • The European Convention for the protection of human rights and fundamental freedoms

  • The Convention on Human Rights and Biomedicine


European family law steven seyns law kuleuven be

  • Article 5: procedures concerning them

    An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it. This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks. The person concerned may freely withdraw consent at any time


European family law steven seyns law kuleuven be

  • Article 7: procedures concerning them

    “Subject to protective conditions prescribed by law, including supervisory, control and appeal procedures, a person who has a mental disorder of a serious nature may be subjected, without his or her consent, to an intervention aimed at treating his or her mental disorder only where, without such treatment, serious harm is likely to result to his or her health.”


European family law steven seyns law kuleuven be

  • Article 8: procedures concerning them

    When because of an emergency situation the appropriate consent cannot be obtained, any medically necessary intervention may be carried out immediately for the benefit of the health of the individual concerned

  • Article 9:

    The previously expressed wishes relating to a medical intervention by a patient who is not, at the time of the intervention, in a state to express his or her wishes, shall be taken into account


European family law steven seyns law kuleuven be


European family law steven seyns law kuleuven be

Glass v the UK procedures concerning them


European family law steven seyns law kuleuven be

  • Article 8 ECHR procedures concerning them

    1. Everyone has the right to respect for his private and family life, his home and his correspondence.

    2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others


3 the scope of self determination in end of life decisions
3. The scope of self-determination in end-of-life decisions procedures concerning them

  • The Recommendation on the protection of the human rights and dignity of the terminally ill and dying.


European family law steven seyns law kuleuven be

Pretty v the UK procedures concerning them