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.
Why are babies born young? This sounds like an odd question. People would say "of course babies are born young". However, this goes to the core of the question of human (or animal) development. Why is it that as time passes people develop initially through puberty and then for women through menopause and more generally getting diseases such as sarcopenia, osteoporosis, diabetes and cancer, but most of the time babies start showing no signs of this. Lots of research into this has happened over the years and now I think it is clear why this is. It raises some interesting questions. Biological youth is about how well a cell functions. Cells that are old in a biological sense don't work that well. One of the ways in which cells stop working is they fail to produce the full range of proteins. Generally the proteins that are produced from longer genes stop being produced. The reason for this relates to how the Genes work (the Genome). Because the genome is not gettin...
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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.