mental health europe conference 2010 challenging poverty – creating hope breaking the cycle of...
TRANSCRIPT
Mental Health Europe Conference 2010Challenging Poverty – Creating Hope Breaking the cycle of
poverty and mental health problems
The Legal Capacity is Right to Life
Kristijan GrđanThe Shine – Association for Social Affirmation of
People with Mental DisabilitiesCroatia
>17000 people fully divested of legal capacity Full deprivation of legal capacity three times
grater used than partial one >3000 people living in the institutions Only 44 people with mental disabilities in Croatia
live in the community settings in the social welfare system (stat data provided by the Governmental Office on Human Rights)
Basic facts
• Decide on psychiatric treatment• Decision by the guardian recognized as „voluntary
treatment”
• Decide how to use money• Decide where to live• Majority of persons with severe mental disabilities are
placed into institutions
• Decide to have contacts with children• Case of X. v. Croatia (2008), the ECHR
• Even to vote at elections
Being fully divested of legal capacity means being not able
to...
Deprivation of legal capacity is fostering institutionalization Conclusion supported by the view of the HRW
People living in institutions are deprived of all property they had Property has been sold or used to cover costs of placement Persons placed in institutions receive 14 EUR per month as
pocket-money People who want to leave institutions have no place to go
Rights of persons with mental disabilities have been abused Bajcetic v. Croatia, in process, the ECHR (vio. of right to home)
Connections between legal capacity deprivation and
poverty
Changing legislation Legal Capacity Bill proposed to the Government Implementation of the CRPD advocated
Developing judicial practice in restoring legal capacity Strategic litigation at national level
case of I.S. Using the ECHR
Personal assistance for people with mental disabilities Developing programs of assistance in decision-making
Educating on legal capacity Networking with social welfare system
What can be done?
Partnership for Social Inclusion
October 22, 2010
Progress program of the European Union
http://ec.europa.eu/employment_social/spsi/poverty_social_exclusion_en.htm
Two year program started in the beginning of 2009 in implementing OMC to tackle poverty and social exclusion in Croatia
Implemented in partnerhip with the Institute of Public Finance, Croatian Employment Agency, Association of Independent Trade Unions, ZaMirNet, Forum for European Journalism Students, CSO Most, Croatian Women’s Network, Association of Independend Trade Unions of Slovenia and Trade Unions’ Association of Austria.
The main program goals are: To improve coordination and co-operation of all stakeholders in the social
welfare (horizontal and vertical); To improve employability (including education system and the measures of
active labour policy) as a precondition of enhancing social inclusion; To inform about protection of rights and improved accessibility to the rights in
the social welfare system and insurance; To palliate and prevent over-indebtedness of the population; To adjust of the demand and supply in the social welfare system through social
planning on the lower level of government.
People with mental disabilities should not be objects of protection but recognized as subjects of active participation in the
community.
Thank you for your attention!