THE RIGHT TO MAKE A DECISION: HUMAN RIGHTS OF PATIENTS WITH MENTAL DISABILITIES

Abstract

One of the consequences of mental disabilities is the possibility of a guardianship proceeding that will deprive patients of the legal capacity to taking decisions and manage their assets. The article aims to study the legal capacity issues and guardianship proceedings in patients diagnosed with dementia. The provisions of the Convention on the Rights of Persons with Disabilities, the Convention for the Protection of Human Rights and Fundamental Freedoms, the ECHR's practice on the protection of human rights to liberty and security, the provisions of the legislation of Ukraine concerning incapable people's rights are studied. The methodology of this article is based on comparative and legal analysis techniques and includes a system-structural method, method of generalization, method of analysis, and synthesis as well. The provisions of the Convention on the Rights of Persons with Disabilities, the Convention for the Protection of Human Rights and Fundamental Freedoms, the ECHR's practice on the protection of human rights to liberty and security, the provisions of the legislation of Ukraine concerning incapable people's rights have been examined. New approaches for human rights protection concerning patients with dementia have been established. The acts of legislation of the United Nations and the European Union as well as national legislation show that legal issues concerning disabled persons are problematic. Persons with cognitive disabilities are particularly affected.