Research project for the evaluation of the sterilization regulation in care law under old and new law Text automatically translated in your browsing language Automatically translated

In accordance with the requirements of the reform legislature, the research project should focus on the application practice of the sterilization regulation in the year before and in the year after the new regulation of the sterilization paragraph, which entered into force on 1 January 2023. In addition, in order to be able to make the most reliable statements about the application practice before and after the new regulation, a larger number of court files will be evaluated by extending the investigation period to two years before and two years after the entry into force of the new regulation. Accordingly, the court proceedings pending at the care courts nationwide from 2021/22 and 2023/24 are to be evaluated and compared with each other. The aim of the research project is to gain empirical insights into the specific cases in which consent to sterilization according to § 1905 BGB a.F. and § 1830 BGB was declared and approved and in which specific cases consent or judicial approval was refused. In particular, it will be examined whether the affected persons received sufficient support in the decision-making process, which hazards were assumed to be the reason for the sterilization and which measures could be taken to counteract the hazards. Furthermore, it should be examined if possible whether women who were not able to consent were also sterilized, but were classified as able to consent by the treating doctors and/or the legal carers in order to circumvent a care court procedure. The aim of the study is to provide a legal basis for the question of whether there is a need to continue to allow the sterilisation of incapacitated adults on the basis of a deputy consent in strictly exceptional cases, whether the protection of the group of persons concerned by the new regulation is sufficient or should be strengthened to the point of a ban. The investigation is intended to provide information on whether the current provision in § 1830 BGB offers satisfactory solutions or whether there are unlawful circumventions, for example due to the complexity of the procedure. On the methodology: The proceedings decided in 2021/22 pursuant to Section 1905 of the German Civil Code (BGB) and initiated in 2023/24 pursuant to Section 1830 of the German Civil Code (BGB) (approximately 70 to 80 proceedings in total) are to be examined by analysing the court files for this purpose. In addition, affected persons and other persons involved in a decision on sterilization (sterilization supervisors, relatives, facility staff or managers, process managers, experts, treating doctors, care judges, care authorities) will be interviewed. Experts from practice, academia and the interest groups of people with disabilities will also be interviewed. In order to shed light on the dark field, a sample of residents of facilities for people with disabilities (in simple language if necessary) will also be asked whether they have been sterilised and this has been approved by the court. The research design should be as participatory as possible. The contractor must independently create a research concept. The terms of reference set out the research topics, questions and methodological approaches, but not exhaustively. On this basis, innovative solutions are to be developed and thus to make substantial own contributions to the structured design of the service. A conceptual solution within the meaning of § 14(3)(2) VgV is expected. The service is to be awarded as an overall contract. Details can be found in the procurement documents. Text automatically translated in your browsing language Automatically translated

73000000 - Research and development services and related consultancy services