In the Netherlands, the use of involuntary treatment in the mental health care sector is governed by the Dutch Care and Compulsion Act (Wzd). This study examines the legal position of persons with intellectual disabilities under this Act. The Wzd is analyzed in light of the human rights standards of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). The findings of this study show that the Wzd does not meet the standards of Article 12 in several cases. The Wzd does not recognize the legal capacity of persons with intellectual disabilities, it continues to allow for substituted decision-making and support measures are not complemented by adequate safeguards. From a theoretical point of view, an imbalance between the protection of and the respect for the autonomy of persons with intellectual disabilities can be observed. This article formulates several recommendations in order to restore this balance. |
Article |
Invisible before the lawThe legal position of persons with intellectual disabilities under the Dutch Care and Compulsion Act (Wzd) in light of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) |
Trefwoorden | dicrimination, guardianship, incapacitated adults, legal (in)capacity |
Auteurs | F. Schuthof LLM |
SamenvattingAuteursinformatie |
Artikel |
We need to talk to MarthaOr: The desirability of introducing simple adoption as an option for long-term foster children in The Netherlands |
Trefwoorden | Adoption, foster care, guardianship, parental responsibility, supervision orders for minors |
Auteurs | mr. dr. M.J. Vonk en dr. G.C.A.M. Ruitenberg |
SamenvattingAuteursinformatie |
In this article you will be introduced to Martha. Martha will turn eighteen in a couple of weeks and is afraid of losing her foster family when she becomes an adult (I). You will be taken on a journey through the Dutch child protection system and recent research on the desirability of forging an additional legal instrument, such as the introduction of simple adoption, for children like Martha and her two families. The following questions will be answered: How do children like Martha end up in a foster family (II)? Who is responsible or who makes decisions about Martha’s care and future and what problems may occur? Five possible situations in long-term foster care will be discussed in this context on the basis of current law and research (III). Would simple adoption (eenvoudige adoptie) solve some of the problems discussed in the earlier section and thus be a feasible and desirable option for long-term foster children and their foster parents (IV)? At the end of this journey you will be invited to take a brief glance into the future in the hope that Martha’s voice will be heard (V). |