Societas et Iurisprudentia (Dec 2023)
The New Juridical Institutes for the Protection of Persons with Psychosocial Disabilities Introduced by the Romanian Law No. 140/2022
Abstract
The institute of placing under the ban was a protection measure applicable in Romania for a very long time, so that it remained ingrained in public perception as the only institute that could be applied to people with mental disabilities likely to affect their discernment. The consequence of the application of this institute emerges from its very name, namely the fact that the person targeted by the “protection” promised by the establishment of the prohibition, in fact acquired the stigma of being “forbidden” in the life of the civil circuit, more precisely, the guardian of the court-ordered banned person was in charge of absolutely all his/her fundamental rights and freedoms, excluding him/her completely from participation in social-economic and legal life.
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