法律能力案件中的关系自主性和社会工作:来自捷克司法实践的见解
Alice Gojová1, Kateřina Cilečková1, Zuzana Broskevičová1
1Faculty of Social Studies, University of Ostrava, Ostrava, the Czech Republic.
Journal of evidence-based social work (2019)
|March 2, 2026
概括
捷克最高法院在限制法律能力时需要更好的证据和更少的依赖精神病学专业知识. 社会工作评估可以为支持决策提供以人为中心的关键证据.
科学领域:
- 法律研究 法律研究
- 社会工作 社会工作 社会工作
- 残疾人权利残疾人权利
背景情况:
- 法律能力的限制是一个重大问题.
- 支持决策框架正在获得国际认可.
研究的目的:
- 分析捷克最高法院对法律能力限制的解释.
- 检查司法标准如何在支持决策过程中影响社会工作.
主要方法:
- 对40项最高法院判决 (2014-2024) 的定性内容分析.
- 编码框架将法律原则 (辅助性,比例性,个性化,参与) 与诱导类别相结合.
主要成果:
- 法院批评事实发现不足,参与有限,过度依赖精神病学专业知识.
- 重点放在更新的,上下文证据和探索不那么限制性的替代品.
- 司法要求与社会工作评估工具相协调,以支持决策.
结论:
- 社会工作者可以为基于权利的决策提供以人为中心的重要证据.
- 跨学科合作和基于证据的工具对于促进自治至关重要.
- 社会工作是通过相称的,基于权利的司法程序来维护法律能力的关键合作伙伴.
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