Facts
A., born in 1953, is affected by oligophrenia at the level of imbecility and suffers from significant motor disorders. After the death of his parents, he was placed under guardianship and entrusted to a specialized educator, Ms. X. In 1986, concerns were raised about his state of health and his placement with Ms. X. A medical assessment was ordered, recommending a change of living environment if the relationship between Ms. X. and the ... Center did not improve. Due to lack of agreement, the justice of the peace ordered the provisional and permanent placement of A. at the ... Center against the opinion of Ms. X.
Ms. X. appealed against this decision to the Guardianship Chamber of the Vaud Cantonal Tribunal, which dismissed her appeal. Ms. X. then appealed for reform to the Federal Tribunal.
Considerations
The Federal Tribunal first examined the admissibility of the appeal, concluding that the provisions on deprivation of liberty for assistance purposes (Art. 397a et seq. CC) did apply to the case at hand, despite the argument of the cantonal authority that since A. had never been capable of living autonomously, his placement did not constitute a deprivation of liberty.
On the merits, the Federal Tribunal confirmed that the principle of proportionality applied, but that in this case, no other less restrictive measure was possible, as A. no longer had any close relatives who could effectively care for him. The Tribunal also…