Project R-14703

Civil law protection and autonomy of adults with a disability: striking the right balance (PRONOMY) (Research)

In 2013, the Belgian legislature fundamentally reformed the civil law framework on the autonomy and protection of adults with a disability to comply with human rights standards and to introduce a tailor-made approach. Already in 2014, the UN Committee on the Rights of Persons with Disabilities found this reform to be inadequate, for it continued adhering to a substitute decision-making model rather than the supported decision-making system required under article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). This is still the case today. This project first sets out to research which design and application of a new statutory framework would comply with art. 12 CRPD. A purely supported decision-making model, however, is subject to critique, a.o. under other (regional) human rights standards. It is claimed not to reach a fair and just balance between autonomy and protection in a tailor-made approach. The project will therefore determine which alternatives to a purely supported decision-making model would allow doing so. Based on those findings, a transformative statutory model will be proposed for Belgian law, which fundaments can also inspire other civil law jurisdictions. International, comparative and national dogmatic (legal) research will be combined with focus groups to make that normative proposal. The (interim) findings will be disseminated in journal papers, public roundtables, and a conference to present an English monograph.

01 January 2024 - 31 December 2027