In working on an ECtHR application which hopefully over time we will publish I have reviewed X v Croatia that refers to two pieces of international law (nothing to do with the EU). The European Convention on Adoption is one. This shows how far out of line England is on these issues. The second is Principles concerning the legal protection of incapable adults this is not available in a text form although I am going to try to run it through an OCR and post it later. In England we seem to use the mental capacity process to remove rights from people rather than protect their rights.
Followers of my blog will have seen the NHS question about how many reorganisations have we had. We've yet another. The number of PCTs (Primary Care Trusts) nationally is to halve. This means merging East and North. (and then probably HoB and south). It would be nice if people would stick with one structure. There is a quotation ( Which sadly does not appear to be a true quotation ) We trained hard . . . but it seemed that every time we were beginning to form up into teams we would be reorganized. I was to learn later in life that we tend to meet any new situation by reorganizing; and a wonderful method it can be for creating the illusion of progress while producing confusion, inefficiency, and demoralization. But has to have been originated by someone. The web link shown goes through the derivation which appears to be more linked to an anonymous British Soldier WW2 than any Roman or Greek General called by a name perming 2 out of (Gaius, Galus, Petronius and Arbiter). From the...
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How does it show that? I'm curious.
dispense with the consent of any person mentioned in paragraph 1 of this article, or
overrule the refusal to consent of any person or body mentioned in the said paragraph 1,
save on exceptional grounds determined by law.
We don't use "exceptional" grounds. It is more like "run of the mill".
The process of 'removing rights' is not just a process. It takes place in the context of an automatic assumption of capacity.
The question of mental capacity is a completely different piscine kettle.
There are a lot of problems here that are being raised in Strasbourg.