The New Romanian Legislation Regarding Some Measures of Protection for People with Intellectual and Psychosocial Disabilities – Ethical Aspects and Implementation Controversies

Authors

  • Bogdan Mălinescu Ilfov Medico-Legal Service; Romanian-American University, Bucharest, Romania

DOI:

https://doi.org/10.35478/jime.2023.4.07

Keywords:

new legislation, people with intellectual and psychosocial disabilities, implementation difficulties, etchics aspects

Abstract

The new Romanian legislation regarding some measures of protection for people with intellectual and psychosocial disabilities was aimed at combating social exclusion and discrimination, and encouraging the active participation of these categories of people in civil and socioeconomic life. This is not only a benefit, but also a fundamental change in the provision of medical evidence, essential for courts in the establishment of a specific measure of protection for a specific individual with intellectual or psychosocial disabilities, which entails discussions of pros and cons.

This presentation proposes a review of the problems raised when analyzing the cases in which the application of protective measures for people with intellectual and psychosocial disabilities is requested, starting from the old legal regulations of "putting under interdiction” and continuing  with the current regulation regarding the establishment of "judicial counseling" and "special tutelage”.  It also outlines future possible developments of the medical evaluation activity in this field.

In this analysis, the authors present conclusions drawn from a comparison between the previous Psychiatric Medicolegal Expertise Reports and the current Medical and Psychological Assessment Reports of people with intellectual and psychosocial disabilities.

To add, a study conducted at the Ilfov Medical Service in 2000 regarding the expertise of placing under interdiction provides a global image of the cases in which the establishment of protective measures was requested (analysis by sex, age, types of pathologies, persons who requested such measures, types of conclusions of psychiatric medicolegal expertise, difficulties encountered, etc.).

The pluses and minuses of the new legislation in the field, the ethical aspects and the difficulties or obstacles that may arise in current practice when carrying out the medical and psychological reports required by law are analyzed through the lens of the experience of the medicolegal network that has been carrying out this expertise until now.

Downloads

Published

2024-01-17

Issue

Section

Articles