HCLU's new report on Guardianship and Supported Decision-Making in Hungary

This guardianship regime has been criticised by disabled persons' organisations worldwide because it restricts the right to self-determination of those living with disabilities. A number of studies show those under guardianship are more prone to be hospitalised against their will and for a longer period of time, and are more exposed to poverty and loneliness. Restriction of legal capacity in and of itself is a major factor in the misery of those living with disabilities.

It has been hoped that the new Civil Code would replace the current guardianship regime with supported decision-making. Supported decision-making presents an alternative to guardianship based on trust and reciprocity. It has two essential features. First, supported decision-making allows for the legal capacity of the person concerned, and treats them as an equal adult, responsible for their own decisions. Second, it helps to create a support network in order facilitate productive decision-making in all areas of life.

The new Civil Code has a double-faced regulation in regards to legal capacity. First, plenary and partial guardianship continues to be the main solution for the challenges presented by disability. Second, it introduced supported decision-making in a distorted form. It is of great concern that using supported decision-making excludes those concerned from some professions and restricts their right to be a foster parent. Moreover, it is available only for those living with a mild level of disability.

For more information, read HCLU's report on the New Civil Code.