法的能力事件における関係的自律性とソーシャルワーク:チェコの司法実務からの洞察
Alice Gojová1, Kateřina Cilečková1, Zuzana Broskevičová1
1Faculty of Social Studies, University of Ostrava, Ostrava, the Czech Republic.
Purpose:
This study analyzes how the Czech Supreme Court interprets legal criteria for restricting legal capacity and how these judicial standards shape expectations for social work within supported decision‑making frameworks.
Materials And Methods:
A qualitative content analysis of 40 Supreme Court decisions (2014-2024) was conducted using a coding frame combining legal principles - subsidiarity, proportionality, individualization, and participation - with inductive categories emerging from judicial reasoning.
Results:
The Court repeatedly criticized lower courts for insufficient factual findings, limited participation of the persons concerned, and excessive reliance on psychiatric expertise. It emphasized the need for updated, contextual evidence on daily functioning and the exploration of less restrictive alternatives. These requirements closely correspond to emerging social‑work assessment tools designed to document support needs in decision‑making.
Discussion:
Social workers can provide courts with structured, contextualized evidence that complements medical opinions and supports CRPD‑aligned decisions. Strengthening interdisciplinary collaboration and routine use of evidence‑based assessment tools is essential for promoting autonomy.
Conclusion:
When methodologically supported and institutionally recognized, social work can serve as a key partner toward safeguarding legal capacity by supplying courts with person‑centered evidence necessary for proportionate and rights‑based decisions.
関連する概念動画
Sources of Law
Constitutional law is foundational, deriving from federal and state constitutions, and...
Nurses' Legal Responsibilities II
Communication between nurses and...
Models, Theories, and Laws
Nurses' Legal Responsibilities III
Cultivating a culture of collaboration and mutual respect among nurses transcends mere enhancement...
Horney's Sociocultural Approach
Nurses' Legal Responsibilities I
The legal responsibilities of a nurse regarding informed consent include the following:


