PREDMETI O STERILIZACIJI OSOBA LIŠENIH POSLOVNE SPOSOBNOSTI : O PROCESNIM JAMSTVIMA?

The aim of this paper is to examine whether the new court non-contentious procedure for issuing decisions on health matters provides sufficient procedural guarantees for persons with disabilities who are deprived of legal capacity in this respect, and how these guarantees are implemented in practice. Building on the standards of the United Nations Convention on the Rights of Persons with Disabilities as well as on the interpretations of the UN Committee on the Rights of Persons with Disabilities and the Committee on the Elimination of Discrimination Against Women, the second part of the paper analyses the legal protection objectives and key issues of court proceedings concerning the sterilisation of a person with a disability who has been deprived of legal capacity in this regard. This is followed by a discussion of three cases in order to assess the scope of implementation of the relevant provisions of the FA on the health of persons with disabilities. The final part of the paper offers a synthesis of the main research results and the author’s reflections on the legal protection goal of non-contentious court proceedings for issuing decisions on the health of a person with a disability who is deprived of legal capacity in this respect. The regulation of court jurisdiction and procedure in such cases should not be interpreted in a way that the court could “approve“ sterilisation against the will of the person concerned, but rather that the existence of court jurisdiction and its procedural guarantees should strengthen the rights of persons with disabilities.