Law No. (61) of 1976, as amended, stipulates in Article (8) that the judge
may authorize the marriage of persons with insanity if it is proven by
medical report that the marriage is for his interest. The legislator stipulates
legal age, sound mind and discretion as conditions for the custodian to be
accepted. Furthermore, the custodian should be honest, impartial and keen
on the interests of the person under custody due to the fact that the interest of
the person under custody is given precedence over all other considerations.
The Civil Law referred to above stipulates that "the court may authorize the
insane in case the custodian refrains from doing so. That is the insane may
refer to the court by himself or through any person in his favor."
A summary of the above mentioned, in comparison with the text of Article
(12) of the International Convention, indicates that persons with disabilities
in general, including those with mental disabilities, can exercise their rights
on their own or through support and aid by the custodian or guardian
depending on the severity of disability.
In this connection, the following observations were recorded:
1. Despite the interest of the legislator in the persons with disabilities,
especially those with mental disabilities, the decision issued by the
judge in any matter concerning the persons with mental disabilities is
considered a drawback because it is taken without consulting them
and asking their opinion, as the decision is taken through the
custodian or guardian.
2. Absence of persons with disabilities from the process of discussing
matters concerning them, such as making the right decision by a
judge.
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