| Abstract [eng] |
This master's thesis analyzes the importance of intersectoral collaboration in the process of enabling (disabling) legal capacity, aiming to ensure the rights and needs of persons with disabilities. The theoretical part of the thesis introduces the concept of ecological systems theory and its potential application in evaluating interdisciplinary cooperation. It discusses the roles of specialists in social work, law, healthcare, and decision-making support in the context of legal capacity restriction, identifying key problems in their interaction. The Delphi research method was employed to investigate the peculiarities and challenges of interdisciplinary interaction in addressing the legal capacity of people with disabilities. This method was based on three stages: analysis of expert interviews, evaluation of statements formed based on these interviews through a survey, and analysis of the results obtained. This research method was chosen due to the complexity of the topic and the opportunity to assess the common opinion of different specialists regarding the phenomenon under study. The research results revealed that collaboration among specialists from different sectors—social security, healthcare, and the legal system—is fragmented and uncoordinated. Decisions regarding legal capacity are often based on a medical perspective, evaluating what a person cannot do due to their disability rather than what assistance they need to exercise their legal capacity. The study also revealed that social workers' assessments are often considered secondary, the inclusion of decision-making support is limited, and lawyers' roles are frequently confined to a formal representative function. Furthermore, a lack of mechanisms for effectively supervising the activities of appointed guardians and ensuring the implementation of individual rights was identified. The thesis concludes with targeted recommendations for ministries and municipalities, focusing on strengthening cooperation and ensuring individual rights. Keywords: legal capacity, persons with disabilities, ecological systems theory, legal capacity reform, supported decision-making. |
