Kristijan Grđan The Shine – Association for Social Affirmation of People with Mental Disabilities

1. Mental Health Europe Conference 2010Challenging Poverty – Creating Hope Breaking the cycle of poverty and mental health problemsThe Legal Capacity is Right to Life Kristijan Grđan The Shine – Association for Social Affirmation of People with Mental Disabilities Croatia

2. Basic facts >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)

3. Being fully divested of legal capacity means being not able to... • 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

4. Connections between legal capacity deprivation and poverty • 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)

5. What can be done? • 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

6. Progress program of the European Union Partnership for Social Inclusion October 22, 2010 http://ec.europa.eu/employment_social/spsi/poverty_social_exclusion_en.htm

7. 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.

8. People with mental disabilities should not be objects of protection but recognized as subjects of active participation in the community.

9. Thank you for your attention!