Right of a private person to request the interdiction of a parent

Facts

The cantonal procedure cannot restrict the right that federal legislation gives to a private person to request the interdiction of a parent within the meaning of Art. 328 CC and to obtain a decision on the merits from the competent authorities to pronounce the interdiction. A. X. requested the interdiction of his father B. X. from the guardianship authority of the municipality of Z. The latter forwarded the request to the competent prefect, who referred the matter to the civil court. The court refused to consider the matter, on the grounds that the guardianship authority had not itself requested the interdiction. The court of appeal confirmed this decision, considering that the refusal of the guardianship authority was equivalent to a decision of non-interdiction that could be appealed.

Considerations

The Federal Tribunal considers that federal law confers on the entitled parents or those required to provide assistance within the meaning of Art. 328 CC the right to request the interdiction of a parent and to obtain a decision on the merits from the competent authorities. This right cannot be restricted by the cantonal procedure, which must allow the person concerned to directly seize the interdiction instance.

Therefore, the challenged decision, which refuses the…