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Revista de Bioética y Derecho

On-line version ISSN 1886-5887

Abstract

BRETON-DIEZ, Natalia; FERNANDEZ-RODRIGUEZ, María  and  GUERRA-MORA, Patricia. Measures of judicial modification of capacity in people with severe mental disorder: Safety or iatrogenic?. Rev. Bioética y Derecho [online]. 2017, n.39, pp.73-86.  Epub Nov 02, 2020. ISSN 1886-5887.

Introduction and aim.

The aim of the study is to analyze and to reflect on if the directives of the International Convention of United Nations on the Rights of the persons with Disability are fulfilled on the type of measure of protection adopted with the users of the Assertive Community Treatment Equipment from Avilés, España.

Material and Method

. 26 users take part who were submitted to judicial capacity modification procedures from the opening of the centre until 2014.

Results.

In the sample there are not fulfilled the conditions of lack of self-government in the different spheres.

Conclusions.

Very restrictive measures of protection are implemented against other minor gravity measures, which supposes a discrimination and a loss of autonomy and rights for the person. Contributions that could optimize the quality of life are included.

Keywords : incapacitation; judicial modification of the capacity; system of supports; guardianship; curatorship disability; severe mental disorder.

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