The Relevance of Private International Law to the Effective Realisation of the Fundamental Rights of Vulnerable Adults in Cross-Border Situations

The protection of adults who are not in a position to take care of their interests due to an impairment or insufficiency of their personal faculties is the object of rules that vary significantly from one country to another. In cross-border cases, special provisions are needed to determine, among other things, whether the authority of a particular State are entitled to rule on the protection of the person or property of an adult, and to identify the law that should govern such protection. These rules, too, however, change in principle from country to country. This two-fold diversity undermines the effectiveness of the protection of vulnerable adults, and hinders the full realisation of the fundamental rights of those concerned. The chapter analyses the advantages of a widespread ratification of the Hague Convention of 13 January 2000 on the international protection of adults. In particular: the risk of positive conflicts of jurisdiction would be reduced to a minimum; inconsistencies as to the substance of the protection would almost disappear; the issues surrounding the cross-border enforcement of mandates in anticipation of incapacity would be properly addressed; the recognition of foreign protection measures would be enhanced.