The Legal Possition of Vulnarable Adults in the Republic of North Macedonia In-between the Authority of the State and the Family
Date Issued
2025
Author(s)
Ignovska Elena
Abstract
For a long period, the family laws have been focused on children’s rights, in
cluding their right to opinion in matters that concern them. Vulnerable adults
have been usually represented by others, while their own autonomy neglect
ed. This has changed internationally. Many European family-law scholars con
sider the topic of empowerment of vulnerable adults as the most important
one in the junction between Family Law and Law on Persons nowadays, espe
cially if we have in mind that demographically Europe has an aging popula
tion, hence more adults than children. However, there are very scarce discus
sions on this topic in the Republic of North Macedonia, where the concepts
of deprivation of legal capacity and guardianship are still a threat towards
human rights of vulnerable adults. The threat is especially observed towards
their equality rights (not to be discriminated against), private and family life
rights (the right to make decisions about their own body, medical treatments,
reproductive choices, conclusion of marriage, recognition of parenthood etc.),
procedural rights (the right to access to court and administrative institutions,
the right to express legally valid opinions in such proceedings), political rights
(the right to vote) etc.
The Convention on Rights of Persons with Disabilities (CRPD) has been signed
and ratified by the Republic of North Macedonia, whereas the Hague Conven
tion on the International Protection of the Adults has not been signed. The
country took serious measures to implement the CRPD. However, there are
many complaints by the CRPD Committee and by associations/organizations
that protect rights of persons with disabilities about its full implementation,
as well as Courts’ decisions confirming discrimination.
The objective of this study is to locate possible human rights infringements
for vulnerable adults as a matter of policy enshrined in the legal documents
and to try to find better solutions for integrating vulnerable adults in the so
ciety. The legal position of vulnerable adults in the country will be observed
in light of the CRPD and comparatively. The final aim of the study is to shed
light on the less represented by themselves and more represented by others in
the country and to find modules to improve their legal position in the future.
cluding their right to opinion in matters that concern them. Vulnerable adults
have been usually represented by others, while their own autonomy neglect
ed. This has changed internationally. Many European family-law scholars con
sider the topic of empowerment of vulnerable adults as the most important
one in the junction between Family Law and Law on Persons nowadays, espe
cially if we have in mind that demographically Europe has an aging popula
tion, hence more adults than children. However, there are very scarce discus
sions on this topic in the Republic of North Macedonia, where the concepts
of deprivation of legal capacity and guardianship are still a threat towards
human rights of vulnerable adults. The threat is especially observed towards
their equality rights (not to be discriminated against), private and family life
rights (the right to make decisions about their own body, medical treatments,
reproductive choices, conclusion of marriage, recognition of parenthood etc.),
procedural rights (the right to access to court and administrative institutions,
the right to express legally valid opinions in such proceedings), political rights
(the right to vote) etc.
The Convention on Rights of Persons with Disabilities (CRPD) has been signed
and ratified by the Republic of North Macedonia, whereas the Hague Conven
tion on the International Protection of the Adults has not been signed. The
country took serious measures to implement the CRPD. However, there are
many complaints by the CRPD Committee and by associations/organizations
that protect rights of persons with disabilities about its full implementation,
as well as Courts’ decisions confirming discrimination.
The objective of this study is to locate possible human rights infringements
for vulnerable adults as a matter of policy enshrined in the legal documents
and to try to find better solutions for integrating vulnerable adults in the so
ciety. The legal position of vulnerable adults in the country will be observed
in light of the CRPD and comparatively. The final aim of the study is to shed
light on the less represented by themselves and more represented by others in
the country and to find modules to improve their legal position in the future.
Subjects
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