Legal capacity of persons with impaired or developing decision-making capacity. Exercising fundamental rights for children, persons with disabilities and the elderly

The fundamental rights legal capacity of human persons is often taken for granted. However, there are certain vulnerable groups (persons with disabilities, children and the elderly) who – based on a presumed or actual impairment of decision-making capacity – have their right to exercise fundamental rights restricted. The presentation explores the connections between legal capacity, decision-making capacity and the exercise of fundamental rights for persons with impaired or still developing decision-making capacities. The methodology is a dogmatic approach that is built upon the results of case studies and the experiences of persons concerned. Thus, the problem mapping is entirely based on the real life situations where certain groups experience a restriction in exercising their fundamental rights. The fundamental rights dogmatics point of view is then adopted in an attempt to identify the underlying fundamental rights aspects and considerations.