The Constitutional Court has initiated a case about the Civil Law’s Article 358 and 364’s compliance with Article 96 of the Constitution

On April 28 2010 the Constitutional Court declared admissible “ZELDA’s” client J.’s petition about the Civil Law’s Article 358 and 364 compliance with Article 96 of the Constitution. The petitioner, who be­cause of intellectual disability has been incapacitated for several years, states that the complete deprivation of capacity without considering alternatives and without foreseeing periodic reviews of capacity vio­lates J.’s right to the protection of private life. This right is protected in Latvia by Article 96 of the Constitution, as well as Article 8 of the Euro­pean Convention for the Protection of Human Rights and Fundamental Freedoms, the first part of Article 17 of the UN International Covenant on Civil and Political Rights and Article 12 of the UN Convention on the Rights of Persons with Disabilities. The Constitutional Court has re­quested the Parliament to respond with information about the actual circumstances and legal basis for J.’s case by June 28 2010. The actual preparation for the case must be completed by September 28, 2010.

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