Türk Özel Hukukunda Zihinsel Engellilerin Hukuki Temsili

Abstract

This study attempts to define disability within the scope of Turkish law in the first part, by analyzing various perspectives on disability from past to present. Subsequently, in the same section, the status of disabled individuals in Turkish Private Law is analyzed, and the determination of their legal capacity is examined to understand why these individuals require legal representation. The second part examines voluntary and statutory representation methods separately in the legal representation of disabled individuals. Under the title of statutory representation, the study focuses on legal representation through guardianship and legal representation through custody. The differences between representation of disabled adult individuals termed as "ergin kısıtlı" (person without legal capacity) through guardianship and custody institutions are explored, and the positive and negative aspects of these two institutions are examined from the perspective of the disabled.

In the third and final part, various regulations regarding the legal representation of disabled individuals in comparative law are examined, and these regulations are compared with Turkish law. Additionally, taking into account the rules of conflicts of laws in international law, an analysis of approaches to the representation of disabled individuals in Turkey from different countries is provided.

This study aims to contribute to understanding the current situation of legal representation of disabled individuals in Turkish law and to provide insights into future steps that can be taken to protect and support the rights of disabled individuals, by comparing it with international norms.