On the 24th and 25th of November, 2023, the Family Law in Europe – Academic Network (FL-EUR) organized its Second Conference in Amsterdam, Netherlands, marking a significant stride towards enhancing the legal frameworks surrounding the protection and empowerment of vulnerable adults in Europe. This two-day conference served as a pivotal platform for disseminating the initial findings of the FL-EUR national reports alongside insights from related projects. The event also included a special panel organized by the researchers of the Central European Professors’ Network, Gordana Kovaček Stanić (Serbia), Zdeňka Králíčková (Czechia), Lilla Garayová (Slovakia). This panel was distinguished by its round-table format, fostering an interactive dialogue among the FL-EUR national rapporteurs and members of the Central European Professors’ Network. The focal theme of the conference was the „Legal Protection and Empowerment of Vulnerable Adults in Central Europe,” with an emphasis on family law. This topic is a matter of great importance—one that goes to the very heart of our commitment to justice, compassion, and the well-being of our society. Our commitment was to shed light on the legal protection of vulnerable adults in our legislations. Our society is diverse, and within its tapestry, there are individuals who, due to various circumstances, find themselves in vulnerable positions. These vulnerable adults may include the elderly, persons with disabilities, or those facing challenging life circumstances. It is our collective responsibility to ensure that they are not only protected but also treated with the dignity and respect that every human being deserves. In Central Europe, as in many other regions, the legal framework plays a pivotal role in safeguarding the rights and interests of vulnerable adults.
Objectives
The conference aimed to achieve several objectives, central among them being:
1. To Present Initial Findings: Sharing the first results from the FL-EUR national reports, providing a comprehensive overview of the current state of legal protection for vulnerable adults in Central Europe.
2. To Foster Academic Collaboration: Strengthening ties within the Central European Professors’ Network, encouraging cross-border academic collaboration and research.
3. To Identify Best Practices: Highlighting successful legal frameworks and policies from various jurisdictions that could serve as benchmarks for reform in Central European countries.
4. To Discuss Challenges and Opportunities: Delving into the intricacies of family law as it pertains to vulnerable adults, identifying both the challenges faced and opportunities available for legal and social advancement.
5. To Raise Awareness about the Central European Academy and the Central European Professors’ Network: Organizing a panel dedicated to the work of the researchers in the Professors’ Network gave us an opportunity to highlight the work the Professors’ Network has done among the wider European research community.
The conference featured a series of insightful presentations by members of the Central European Professors’ Network:
Zdeňka Králíčková (Czechia)
Králíčková presented a compelling analysis of the Czech legal system’s approach to protecting vulnerable adults, emphasizing the need for a more nuanced understanding of legal capacity and guardianship. Her presentation underscored the importance of personalized legal solutions that prioritize the individual needs and rights of vulnerable adults.
In her presentation, Zdeňka Králíčková elucidated that the architects behind the new Czech Civil Code meticulously incorporated the prevailing jurisprudence from both the Constitutional and Supreme Courts of the Czech Republic, particularly emphasizing advancements in human rights. This careful consideration has ushered in a novel perspective on addressing the issues faced by vulnerable individuals. Králíčková posited that the framers of the new Czech Civil Code have successfully navigated the delicate equilibrium between honoring the autonomy of vulnerable individuals and ensuring their requisite support and protection. She highlighted that the Civil Code not only addresses the curtailment of legal capacity and the appointment of guardians but also introduces three special supportive measures aimed at safeguarding the autonomous will of vulnerable persons.
Králíčková stressed the significant reform undergone by the Czech legal system in the arena of vulnerable persons’ protection. She pointed out that the General Part of the Civil Code, along with provisions in the segments dealing with Family Law, Property Rights and Succession, and obligations, meticulously cater to the protection and empowerment of vulnerable individuals. Noteworthy is the attention devoted to supportive measures, limitations of legal capacity, and specific provisions concerning the incapacity for certain legal dispositions, parental responsibilities, and the delictual capacities of such individuals.
Moreover, Králíčková touched upon the establishment of new institutions and the introduction of supportive measures following the Civil Code’s enactment, aimed at aiding adults whose legal act-making capabilities are compromised. This also extends to specialized acts designed to protect vulnerable persons in particular scenarios, such as healthcare provision. However, she noted an area necessitating revision, particularly concerning abortion regulations for women with mental disorders, indicating an absence of specific regulation in this regard.
In concluding her presentation, Králíčková affirmed that the Czech legal order, in alignment with its international commitments, furnishes substantial support and protection for vulnerable individuals. The progressive nature of the new legal regulations marks a significant advancement over previous laws, taking into account the unique situations of each vulnerable person. Despite these strides, she acknowledged that the legal framework, while progressive, is not without its imperfections, signaling an ongoing journey towards achieving comprehensive protection for vulnerable populations.
Gordana Kovaček Stanić (Serbia)
Kovaček Stanić offered an in-depth look at Serbia’s legal mechanisms for empowering vulnerable adults, particularly through supportive decision-making models. Her analysis highlighted Serbia’s progressive steps towards recognizing the autonomy and decision-making capabilities of vulnerable individuals within the family law context.
In her contribution to the conference, Gordana Kovaček Stanić illuminated the significant strides taken by Serbian law in enhancing the legal framework to better protect and empower vulnerable adults. She began by noting the initial steps taken through amendments to procedural laws, which set the stage for more profound changes aimed at ensuring the rights and autonomy of vulnerable individuals within the Serbian legal system.
Kovaček Stanić then delved into the transformative potential of the recent Draft Law on Amendments to the Family Act, which represents a pivotal shift in the approach to safeguarding the interests of vulnerable adults. She underscored the draft law’s most critical aspect: the proposed move away from the existing practice of „deprivation of legal capacity” towards retaining solely the institution of „limitation of legal capacity.”
This proposed legal reform signifies a paradigm shift in how vulnerable adults are perceived and treated under Serbian law. By abandoning the practice of completely depriving individuals of their legal capacity, the draft law aims to foster a more nuanced and supportive legal environment. Instead of stripping vulnerable adults of their rights, the focus shifts to limiting legal capacity in a manner that is both proportional and specific to the individual’s needs and circumstances. This approach aligns with international best practices and human rights standards, advocating for the minimal restriction on an individual’s autonomy and promoting the highest possible degree of self-determination.
Kovaček Stanić highlighted that such a change not only empowers vulnerable adults by preserving their legal agency but also encourages the development of tailored supports and interventions. This ensures that vulnerable individuals can participate in society to the fullest extent possible, with legal and social systems adapting to their unique requirements rather than imposing broad, often overly restrictive, limitations.
In conclusion, Gordana Kovaček Stanić’s insights revealed a forward-thinking approach embedded within the Draft Law on Amendments to the Family Act. By prioritizing the limitation over the deprivation of legal capacity, Serbian law is taking a commendable step towards respecting and enhancing the autonomy, dignity, and rights of vulnerable adults. This legislative evolution reflects a broader commitment to upholding human rights and adapting legal frameworks to better serve all members of society, particularly those who are most in need of protection and support.
Lilla Garayová (Slovakia)
Garayová focused on the Slovakian legal landscape, discussing the challenges and recent developments in safeguarding the rights of vulnerable adults. She advocated for enhanced legal education and awareness campaigns as critical components of empowering vulnerable populations and ensuring their protection under the law. Lilla Garayová offered a comprehensive overview of the Slovak Republic’s engagement with international treaties, especially those focusing on individual rights, following the dissolution of the communist regime in 1989. She highlighted the nation’s commitment to the Universal Conventions on Human Rights and its subsequent expansion in participating in international agreements. This expansion brought significant advancements in the rights and protections for citizens, particularly vulnerable individuals. A landmark moment in this journey was the Slovak Republic’s endorsement of the Convention on the Rights of Persons with Disabilities (CRPD) on September 27, 2007, with its instrument of ratification deposited on May 26, 2010, and coming into force within the country in the same year. Garayová noted, however, that the Slovak Republic has not signed the Convention on the International Protection of Adults, known as The Hague Convention.
Garayová elaborated on the Slovak legal framework’s provisions for ensuring persons with disabilities’ access to justice and equality before the law, as enshrined in the Constitution. The Slovak law explicitly recognizes the legal capacity of persons with disabilities, alongside adopting anti-discrimination legislation to safeguard their rights across various life aspects. She detailed the substantive law’s approach to legal capacity, including the conditions under which a court may deprive or limit someone’s legal capacity and the legal provisions for its restoration or amendment.
Furthermore, Garayová discussed the Slovak government’s efforts to review and potentially reform legal capacity regulations within the new Civil Code, emphasizing the involvement of various commissions and non-governmental organizations in drafting supportive measures for persons with disabilities. She also mentioned the social services act, which permits the provision of assistance to those needing help to exercise their legal capacity, including the arrangement of guardianships.
In terms of access to justice, Garayová reiterated the constitutionally guaranteed rights for persons with disabilities to seek legal redress and protection, including through anti-discrimination actions and personal damages claims. She underscored the possibility for individuals unsatisfied with domestic remedies to seek recourse at the European Court of Human Rights.
Addressing respect for home and family, Garayová outlined the constitutional protections for marriage, parenthood, and family, including specific measures for the socio-legal protection of children and social rehabilitation.
In conclusion, Garayová recognized that while Slovakia has made strides in protecting vulnerable individuals’ rights, there remains significant room for improvement, especially in the ongoing recodification of the Civil Code. She highlighted the opportunity this process presents for incorporating enhancements that could further strengthen the legal framework for vulnerable populations, acknowledging that compared to other Central and Eastern European countries, Slovakia still has considerable progress to make in this area.
Compared to the other countries in the region of Central and Eastern Europe, Slovakia has a long way to go still. Slovakia has not yet recodified the Civil Code – unlike the Czech republic. So there will be ample opportunity to include several improvements in the text of the new Civil Code. Firstly, legal frameworks should establish clear definitions of vulnerability, recognizing the diverse needs of this demographic. Whether it be through legislation that focuses on the elderly, persons with disabilities, or other specific groups, precision in language ensures that protection is comprehensive and targeted. Secondly, laws must empower authorities and institutions to intervene when necessary. This involves the establishment of mechanisms to identify, report, and address cases of abuse or neglect promptly. Additionally, it is crucial to ensure that the legal system is equipped with the resources and personnel needed to enforce these protections effectively. Furthermore, legal safeguards should be accompanied by educational initiatives. Raising awareness within the community about the rights and vulnerabilities of certain groups fosters a culture of empathy and understanding. This, in turn, contributes to the prevention of abuse and exploitation. She addressed the issue of decision-making capacity. Legal protections should strike a delicate balance between autonomy and safeguarding those who may be unable to make certain decisions independently. Establishing effective mechanisms for legal guardianship or power of attorney ensures that vulnerable adults are protected while preserving their dignity and autonomy to the greatest extent possible.
The round-table discussions were moderated by Piotr Fiedorczyk (Poland). The roundtable format allowed for a dynamic exchange of ideas, with participants engaging in thoughtful debates on the various models of legal protection and empowerment. These discussions illuminated the diverse approaches taken by Central European countries, shedding light on both shared challenges and unique solutions.
The Second FL-EUR Conference on European Pathways for Supporting and Protecting Adults concluded with a series of recommendations aimed at enhancing the legal frameworks concerning vulnerable adults in Central Europe. The key recommendations included:
– Adopting Person-Centered Legal Approaches: Tailoring legal mechanisms to respect the dignity and autonomy of vulnerable adults.
– Promoting Cross-Border Collaboration: Encouraging further research and academic exchange within the Central European Professors’ Network to share best practices and innovative solutions.
– Enhancing Public Awareness: Implementing comprehensive awareness campaigns to educate the public about the rights and needs of vulnerable adults.
– Strengthening Support Systems: Advocating for policies that not only protect but also empower vulnerable adults through social, economic, and legal support.
The conference underscored the critical role of academic research and collaboration in advancing the legal protection and empowerment of vulnerable adults. Through continued dialogue and shared efforts, the FL-EUR network and the Central European Professors’ Network are poised to make significant contributions to the development of more inclusive and protective legal systems across Europe.
The Conference on European Pathways for Supporting and Protecting Adults, held in Amsterdam, represented a significant milestone in the collective efforts of the Central European Professors’ Network to enhance the legal protection and empowerment of vulnerable adults. This event was crucial for several reasons, not least of which was its role in fostering a deeper understanding of the current challenges and advancements in family law concerning vulnerable populations across Central Europe.
Firstly, the conference served as a vital platform for disseminating the pioneering research and findings of the FL-EUR national reports, along with insights from related projects. By bringing together national rapporteurs and esteemed members of the Central European Professors’ Network, the event facilitated a rich exchange of knowledge and best practices. This exchange was not only beneficial for the academic community but also for policymakers, practitioners, and advocates working towards the realization of more equitable and supportive legal frameworks for vulnerable adults.
Secondly, the event underscored the importance of interdisciplinary and cross-border collaboration. The presentations and round-table discussions highlighted the diversity of approaches and solutions implemented across different jurisdictions, offering valuable lessons and models that could be adapted and applied elsewhere. This collaborative spirit is at the heart of the Central European Professors’ Network’s mission, reinforcing the idea that collective action and shared knowledge are key to driving meaningful change.
Moreover, the conference played a pivotal role in raising awareness about the work of the Central European Professors’ Network, showcasing its commitment to advancing the understanding and implementation of family law in a way that respects and protects the rights of vulnerable individuals. The discussions and findings presented during the event have not only contributed to the academic discourse but have also highlighted the network’s role in shaping policies and legal practices that are informed by a deep understanding of the complexities of vulnerability, autonomy, and protection.
In conclusion, the second dissemination event was of paramount importance for its contribution to raising awareness about the critical work being done by the Central European Professors’ Network. It has significantly contributed to the ongoing dialogue on how best to support and protect vulnerable adults in Central Europe, marking a step forward in the collective effort to ensure that legal systems across the region are more inclusive, empowering, and protective of all individuals, especially the most vulnerable among us. Through such events, the Central European Professors’ Network continues to play an essential role in fostering a legal academic community that is dedicated to research, collaboration, and advocacy for the betterment of society.
