Is this a subject that hits close to home for you?
I'm not saying it is not interesting.
I've had to start up the process for legal guardianship for two clients so far.
Belgium, not France.
This subject doesn't concern me directly but it does concern everybody in the same way judicial mistake in criminal matter concern everybody because all human being can be victim of a judicial mistake in criminal matter.
There are judicial mistakes in criminal matter but we forget the majority of judicial affair in the world are about civil matter.
In France involuntary commitment is a civil and administrative matter. In Western world you have probably more probabilities to be victim of psychiatric abuses or mistakes in this kind of judicial affair than being a victim of abuse or mistakes in criminal matters.
Are you a social worker working in Flanders ? I think we did already communicate in another board.
I hope there is clarity in EU law. The ambiguity I had to deal with, meant getting in bed with an attorney while the medical and nursing care communities talk out of both sides of their mouth. Scary shit, while as the family care giver you are in trauma, and your family member is suffering badly.
Psychiatric matters , guardianship matters , elderly matters are the responsibilities of each state members of European Union
(EU).
The legislation and regulation on these matters depend of each states and this is problematic because it does create inequalities between inhabitants of EU.
For example in Belgium the judge charged to control the measures of involuntary commitment is a judge of the peace
(Dutch : vrederechter , French : juge de paix , German : Friedensrichter) working in a tribunal called justice of the peace
(Dutch : vredegerecht , French : justice de paix , German : Friedensgericht) and one of its others functions is guardianship for adults.
But in France the judge charged to control the measures of involuntary commitment is a juge des libertés et de la détention
(Judge of liberties and detention) working in a tribunal de grande instance
(Can be translated as tribunal of grand instance , tribunal of great instance , high court , regional court , First instance court etc...) and the judge charged of guardianship for adults is a juge des tutelles
(Judge of guardianship) working for a tribunal d'instance
(Can be translated as instance tribunal) that is a court below tribunal de grande instance.
It is an inequality between those in Belgium and those in France because those depending of Belgian jurisdictions must to face to one category of judge for involuntary commitment and adult guardianship matters when those depending of French jurisdictions must to face to one category of judge for involuntary commitment and another one for adult guardianship matters.
That means someone depending of a Belgian jurisdiction have less probabilities than someone in France to terminate his / her guardianship if the judge want to continue the measure of involuntary commitment and vice-versa because in French Republic these two matters don't depend of the same judge.
There are others matters that depend of members states of EU and not EU like age of consent for sexual activities and so many others things that I can cite all concerned matters.
For example in France the age of consent is 15 and 16 in Belgium.
Imagine a Frenchman or a Frenchwoman aged of 21 years who don't know Belgian law fucking his / her French sexual partner aged of 15 years in a hotel in Belgium because they traveled there to pass theirs holidays with the authorization of parents of the underage person.
In France this relation is legal if it's consensual and if the person who reached civil majority haven't a relation of authority
(Brother , Doctor , Teacher etc...) with the person aged of 15 years old and if the underage person doesn't prostitute him
(her)self to the person who reached civil majority.
But in Belgium sexual activities with a person under 16 years old is illegal in the circumstances of our fictive story and if the person of our fictive story is denounced by someone working in the hotel or another person. If the police surprise him / her in the hotel room he's / she's facing theoretically an imprisonment term between five years and ten years accorded to article 372 of Belgian penal code
(Dutch : Strafwetboek , French : Code pénal , German : No translation in German even if German is one of three official languages of Kingdom of Belgium) that is the criminal code of Belgium.