Identification of the main barriers to the use of legal alternatives to the limitation of legal capacity
The courts in the Czech Republic prefer the limitation of legal capacity (hereafter “incapacitation”) to its alternatives (Act No. 89/2012 Coll., §38-54). The project aims to answer the question: What barriers hinder and what opportunities facilitate the use of legal alternatives to incapacitation from the perspective of relevant actors? Three district courts will be deliberately selected, one each with above-standard, standard, and sub-standard application of alternatives to incapacitation. The case studies will identify the local picture of barriers and opportunities to the use of legal alternatives to incapacitation in each of the selected courts by triangulating the findings of in-depth interviews with experts (judges, senior court officials, public guardians, municipality social workers, etc.). The triangulation of the three resulting pictures will bring a comprehensive description of the factors that can be expected to influence the use of alternatives to incapacitation in the Czech district courts. The results will be discussed with entities, whose actions may influence the use of alternatives to incapacitation.