Georgian guardianship procedure and the European Court of Human Rights

Uberi, Mariam (2012) Georgian guardianship procedure and the European Court of Human Rights. EHRAC bulletin (17). pp. 7-8.

Abstract

This article weighs up the Georgian guardianship procedure against the requirements of the European Convention on Human Rights (ECHR). Under the ECHR, there is a positive duty to establish substantial and procedural guarantees to prevent abuse of guardianship arrangements of an adult declared incapable due to 'mental retardation or mental illness'. However, it would seem that Georgian legislation does not comply with ECHR standards.

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