In the case of Stanev v. Bulgaria the Grand Chamber gives hope for future developments in the Court’s approach towards the protection of private and family lives of mentally disabled people (Lycette Nelson from the Mental Disability Advocacy Center has also blogged about this case, read it here). Even though the majority did not find it necessary to examine Mr. Stanev’s complaint under Article 8, the dissenting opinions of four judges show that there are voices within the Court that consider that the institutionalization of mentally disabled persons has more aspects the Convention should protect. Continue reading
This post is written by Lycette Nelson, Litigation Director, Mental Disability Advocacy Center*
The Grand Chamber’s recent judgment in Stanev v. Bulgaria has enormous significance for the rights of thousands of persons with psycho-social disabilities and intellectual disabilities throughout Europe. In finding violations of Articles 3, 5§1, 5§4, 5§5, 6§1, and 13, the Grand Chamber opened the possibility for persons in social care institutions to challenge both their deprivation of liberty and the inhuman and degrading conditions in institutions, and reaffirmed its jurisprudence regarding the right of persons whose legal capacity has been restricted to have access to a court to challenge their loss of rights. However, the Court’s narrowing of its holdings and failure to examine the applicant’s claim under Article 8 limit the scope of the judgment. The D.D. v. Lithuania judgment, coming immediately upon the heels of Stanev, brings the limitations of Stanev into focus. Read together, the two cases raise questions about the Court’s willingness to broaden its approach to protection of the rights of persons with psycho-social and intellectual disabilities and to go beyond acknowledging the Convention on the Rights of Persons with Disabilities (CRPD) as the international standard for the rights of persons with disabilities to engage substantively with the paradigm shift the CRPD embodies.