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Handicap mental et autonomie juridique : de la protection à l'émancipation

Abstract : Since the law n°2005-102 of the 2005, february 11th, for equal opportunities and rights, participation and citizen of disabled persons, comes into effect, french Law knows a definition of the disability which, after a progressive gestation, shows off prospects and imposes originals requirements to the society. This law, which particulary lays stress on accesibility of buildings and informations, has been followed by the reform of the major's protection. The latter changes the measures of protection, in order that the autonomy of the majors be preserved, and reorients the procedure on the medical chapter. The handicapped person's autonomy will be focused on her rights regard to her body (consent to care, sexuality, sterilization...) and regard to the exercise of the personality rights (job, start a family, management of relating to peronal assets...). The aim is to show that an excessive protection could hinder the blossoming of the disabled person, whereas an absolute liberty could create abuses of weakness. So it is necessary to prove the idea that autonomy and protection concepts are not necessarily opposed. An appropriate protection preserves the mentally handicapped person's autonomy. Between protection and emancipation, purposes about this subject permit persons to exerce their rights, to develop a plan for life considering their vulnerability. They result in solutions and improvements, in information and traning for protected majors (their close relations, the Professional) and the institution which takes them in. Spins-off are expected at representations, individual and collective profits.
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Jérôme Bernard. Handicap mental et autonomie juridique : de la protection à l'émancipation. Droit. Université de Lorraine, 2013. Français. ⟨NNT : 2013LORR0085⟩. ⟨tel-01749732⟩



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