שלום לקרוב ולרחוק: על ההגנה הבינלאומית על מבוגרים

The social and legal treatment of people with disabilities has evolved over the years,both factually and conceptually. In recent decades, the focus has shifted fromprotecting the individual to respecting their wishes and autonomy. Various countrieshave made legislative changes, adjusting their legal capacity and guardianship systemsto provide greater freedom for those in need. Israel has also followed suit, nowrecognising decision-makers and permitting the signing of durable powers of attorney,along with the provision of advance medical directives.However, alongside local innovation, the protection that Israel offers at thetransnational level is lacking and problematic because it is confined to the country'sborders. Previous legislators assumed that a person suffering from a cognitive orphysical disability, which justifies the use of tools related to limiting legal capacity, isexpected to lead a life restricted to the territory. Today, however, it is becomingincreasingly clear that there is no contradiction between internationality and disabilities.In fact, sometimes disability is the reason for international movement to receivemedical or nursing care. However, destination countries may not recognize the training solutions provided in the country of origin. Therefore, arrangements for the recognitionor translation of those solutions are required to ensure that travelers are not leftuninformed.The evolving understanding of the rights of people with disabilities underscores theconclusion that Israeli legislation requires further development at the transnationallevel. The Hague Convention for the Protection of Adults represents such adevelopment. Although the Convention is not perfect and does not address allchallenges, this article argues that accession to the Convention is a significant step thatIsrael should seriously consider as an initial move toward resolving a difficult andcomplex problem. The article outlines the pertinent rules of private international lawcurrently present in Israel and demonstrates their inadequacy. It explains why accessionto the Convention is the preferred solution from Israel's perspective among theavailable options and briefly presents the necessary legislative changes to incorporatethe Convention into Israeli law.