The International Protection of Adults is the subject of the 2000 Hague Adults Convention. This Convention is in force in a part of the European Union (EU) (13 of 27 countries) and in a part of the UK (only Scotland). The UN Convention on the Rights of Persons with Disabilities seeks to guarantee human rights. The EU is in the process of legislating on the cross-border protection of adults. The article discusses forms of protection and their cross-border effect. This includes the appointment by adults of representatives for when they might need them later, ex lege representatives and court-ordered measures. The legal patchwork is at the moment not optimal, but if all EU Member States and the entire UK adopt the Hague Adults Convention, the cross-border continuation of protection will be enhanced.
Franzina, P., Kruger, T., The International Protection of Adults after Brexit, <<INTERNATIONAL JOURNAL OF LAW, POLICY, AND THE FAMILY>>, 2024; 38 (1): 1-20. [doi:https://doi.org/10.1093/lawfam/ebae017] [https://hdl.handle.net/10807/301196]
The International Protection of Adults after Brexit
Franzina, Pietro;
2024
Abstract
The International Protection of Adults is the subject of the 2000 Hague Adults Convention. This Convention is in force in a part of the European Union (EU) (13 of 27 countries) and in a part of the UK (only Scotland). The UN Convention on the Rights of Persons with Disabilities seeks to guarantee human rights. The EU is in the process of legislating on the cross-border protection of adults. The article discusses forms of protection and their cross-border effect. This includes the appointment by adults of representatives for when they might need them later, ex lege representatives and court-ordered measures. The legal patchwork is at the moment not optimal, but if all EU Member States and the entire UK adopt the Hague Adults Convention, the cross-border continuation of protection will be enhanced.
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