our case for supportour case for supportwe‘re the only international charity which uses the law to secure inclusion, equality and justice for people with mental disabilities worldwide. we work with local lawyers to select test cases where the impact is much greater than for the individual litigant. we have won many important cases, and have around sixty more pending across europe and africa. we have commitments of serious pro bono support from leading global law firms and human rights barristers. but, we need hard cash to deliver our side of these projects. we need to pay our staff salaries, we need to travel and meet our clients, and we need to train human rights defenders, and we need to pay for boring things like light bulbs and an annual audit: these things all cost money! strategic litigation can be transformative, but only when accompanied by other activities. so we play a watchdog role, monitoring governments‘ compliance with what they‘ve signed up to under international human rights law. and we advocate feasible policy solutions to governments. always working with local charities, families and lawyers, we can then effect change at national levels which have regional and international significance. we then use the press and social media to build solidarity with the public and invite them to take advocacy action. this strategy can improve the lives of many invisible people.we‘re the only charity doing this.how do we achieve results?© mdacsome children are born with an intellectual disability. mental health issues can hit anyone. the number of people with dementia later in life are increasing everywhere. these conditions affect every family in the uk and abroad. instead of being treated with care and respect, many people with these conditions are stripped of the things that make us human: • safety, shelter and community • education and advancement • identity and expressionwhen these are taken away, mdac steps in to try and bring them back. in this case for support, we explain how you can join us to do this. 23people in uganda use these shackles to bring relatives to a psychiatric hospital.we can‘t deal with every problem, so we focus on three of the most widespread. i’m a person – calling for an end to brutal systems of guardianship schools for all – making sure no child is denied inclusive education my home, my choice – reducing abuse in institutions and increasing community living each tackles distinct problems and has specific objectives. each has a global law firm partner which provides significant pro bono assistance.“back in 2002 when mdac was established, i was a junior barrister and went with mdac to latvia to train lawyers and activists on how to use human rights law to advance social justice. it was an eye-opener. since then we‘ve made much progress, but way too many people in europe and around the world are locked up in institutions for all of their lives, stripped of their autonomy, abused and neglected. and so many children with disabilities are denied the education they‘re entitled to. i‘ve followed mdac‘s development since then and i‘m thrilled to have recently taken over as chair of mdac‘s board. i believe passionately in mdac‘s mission of using the law to secure equality, inclusion and justice for people with mental disabilities worldwide. please join our unique charity. there really is no-one else doing this work internationally.” our three campaignsas well as being chair of mdac‘s board, phillippa is a barrister practising from matrix chambers in london. in 2014 she was honoured with the public law silk of the year award.pavel was placed under guardianship without being informed. his guardian sent him to a psychiatric hospital against his will. mdac helped him to get out, and the european court of human rights awarded him compensation. this spurred the russian constitutional court quashed abusive parts of the law.© mdac45phillippa kaufmann qcpavel shtukaturovthe problem we are addressingpeople with mental disabilities are often labelled by the law as incompetent, and put under guardianship. courts strip the person of their authority to marry, have sex, vote, own a house, take out a loan, or decide their own medical treatment. people are institutionalised, their assets are seized, they are subjected to physical and sexual abuse, and they have no means of accessing justice. it is a terrifying scenario.our experience is that governments are searching for answers and solutions, and there are many barriers preventing them from making changes to create a system which provides support instead of taking away rights.campaign 1: i’m a personthe impact we will achievewe use the law to catalyse change. our work will bring about changes to the way in which courts and governments treat people with mental disabilities:by bringing test cases, we will encourage courts to recognise people‘s right to decide. we want to lift guardianship and put in place supports for people to author their own lives. by campaigning with grassroots ngos, we will challenge governments to think in a different way, to be aware of the violations and take steps to bring about change in people‘s lives.what will we do?we will select test cases to challenge the most egregious deprivations of people‘s autonomy. these include sterilisations against a woman‘s will, denying the right to vote solely because of a disability, and depriving someone of their own money.we will produce short country reports and garner media and public attention, and we will advocate for governments to fulfil their international human rights obligations, providing them with expertise and feasible policy options. we will support the development and sharing of best practice. and we will produce video outputs, and use facebook and social media to get public support.focus countries europe: bulgaria, czech republic, hungary, poland, romania, serbia, slovakia africa: kenyalaw firm partnersherbert smith freehills kinstellarlinklaters© mdac© mdac67“i’m not an object. i’m a person. i need my freedom.”rusi stanev, as he entered the european court of human rights in 2010. we won his case against bulgaria.rusi stanevthe problem we are addressingthere is strong evidence that inclusive education of all children with varying abilities in a common learning environment achieves better short and long-term outcomes than segregation. encountering difference has a positive impact on all children‘s formal education and social development.only 10% of children with disabilities are in school. often there is no way for their parents to challenge exclusion. courts do not order local governments to provide inclusive education. many governmental officials are unaware of their human rights obligations to roll out a system of inclusion.the impact we will achievecourts will recognise the right of children to be educated in inclusive schools. they will order remedies in test cases, paving the way for many more parents to demand justice for their children. what will we do?in 2015 we will launch a three-year collaboration with the world‘s largest law firm, dla piper. we will work with dla piper offices in eleven european countries where children with disabilities are segregated from education. we will work with parents whose children have been excluded to launch three test cases in each country. these parents often can turn to no other ngo, and no legal aid is available. we will work with coalitions of ngos in each country and issue an annual country report to garner media attention. we will campaign with parents and children to ensure governments roll out inclusion for all children. we will utilise pressure points within european and un human rights mechanisms to encourage governments to bring their laws and policies in line with their international human rights commitments. dla piper will provide several million pounds worth of pro bono legal and non-legal support. we require funds directly to find clients, work with local ngos and manage the relationships.focus countries belgium, bulgaria, czech republic, georgia, hungary, ireland, the netherlands, poland, romania, slovakia, uklaw firm partnerdla pipercampaign 2: schools for allgovernments will be made aware of the violations and the steps they need to take to create a more just education system where each child is included and supported.© mdac8914 schools in the czech republic denied 13-year-old jeník access to education because he has autism. his family turned to mdac. we are representing him at the european court of human rights.the problem we are addressingfor centuries people with mental disabilities have been dumped in institutions, supposedly in their own best interests. segregation has left people isolated, exploited, and abused. in europe alone, we estimate two million people are segregated just because they have a disability. when we visit, people consistently plead: “get me out!”courts have been slow to realise that segregation is wrong. it is enormously difficult for a client in an institution to get a claim to court: how do they even telephone a lawyer? since the fall of the berlin wall, governments have taken only meagre steps to close institutions, and mdac has uncovered that the eu is funding abusive institutions to stay open!the impact we will achievecourts will document neglect and abuse, order compensation and ensure rehabilitation. governments will be aware of torture and ill-treatment and legislate to ensure that institutions are evacuated, and everyone lives in safe and inclusive communities.the european union will stop funding residential institutions, and provide compensation to the thousands of people it has allowed to be segregated.what will we do?following from our track record of documenting abuses, we will work in eight countries and in each, focus on one abusive institution. from there, we will meet residents and through case selection criteria, select two test cases. we will ensure client safety and support as we litigate their cases and seek justice for them. campaign 3: my home, my choicewe will produce a short annual report in each of the countries, calling on governments to ensure that people with mental disabilities can live in safe and inclusive communities. again, we will – with clients‘ permission – put their face to the case and produce video outputs. we will garner public support by using social media and traditional media.focus countries: europe: bulgaria, czech republic, hungary, lithuania, moldova, romaniaafrica: uganda, zambialaw firm partnershogan lovells clifford chance arnold and porter © mdac1011our client georgi cenov with lawyer aneta genova in bulgaria. georgi spent the first 26 years of his life in institutions and was finally released in 2007. he now lives in supported housing in the community.“when i faced a long period of intense mental distress, i was fortunate enough to be able to access good psychiatrists, and rely on the support of family and friends.hundreds of thousands of people with mental disabilities aren‘t so lucky. mdac is here to help them.”felicity is a social science academic who is the direct of ‘hubbub‘, a two-year inter-disciplinary research project at the wellcome trust in london. the project is investigating ‘rest‘, a concept which felicity rarely puts into practice herself! she has been an mdac trustee since 2008.“mdac is the pre-eminent international charity directly targeting the worst abuses of people with mental disabilities. we need you to join us to create the change required by international law.”thomas is honorary president of mdac. he was commissioner for human rights of the council of europe from 2006 to 2012. an expert in children‘s rights, thomas is a former secretary general of amnesty international and was recently the eu‘s special adviser to georgia. 1213thomas hammarbergfelicity callard phd2013 – uk: the house of lords cites mdac‘s work in finding that the mental capacity act should be reformed for failing to comply with international law.2015 – brussels: following mdac advocacy on european commission¹s investment of structural funds to fund institutionalisation, the eu ombudsman launches an investigation and finds abuses of fundamental rights.2014 – belgium: mdac launches mdac v. belgium at the european committee of social rights, targeting flanders where 85% of children with disabilities denied education: the highest in europe. 2003 – czech republic, hungary, slovakia and slovenia: mdac uncovers the use of cage beds, featured on the bbc news at ten. hungary bans cage beds completely, and slovakia and czech republic ban them in social care institutions. 2011 – croatia: mdac launches the country‘s first report on human rights violations in psychiatric and social care institutions.since 2004 – hungary: mdac has led the way challenging the highest rate of guardianship in europe.since 2012: mdac‘s campaign against building new residential institutions with eu funds resulted in public awareness but government inaction. we are finding a way to litigate. 2008 – bulgaria: mdac works with the bbc to expose neglect and abuse of children with disabilities in institutions. in the same year, the case of mdac v. bulgaria challenged these very institutions. it was the first international case on disability education from eastern europe. 2006-14 – strasbourg: mdac has been involved in twelve important judgments of the european court of human rights, substantially advancing global jurisprudence in mental disability rights. 2012 – latvia: following years of mdac and other ngos‘ advocacy and legislative proposals, latvia becomes the second country in europe to abolish ‘total guardianship‘.2012 – bulgaria: mdac‘s case stanev v. bulgaria is decided, becoming one of the most important disability cases in the history of the european court of human rights. first ill-treatment finding in a disability institution. first case to recognise placement in a social care institution as unlawful detention.2011-12 – vienna: the eu agency for fundamental rights selects mdac to lead the agency‘s first ever research project on disability, resulting in 4 major reports. 2011 – russia: as a direct result of mdac‘s cases at the european court of human rights and the russian constitutional court, the duma passes new laws to give people with mental disabilities recognition before the courts.2010 – kosovo: mdac strengthens the capacity of human rights activists by training them how to monitor human rights in psychiatric and social care institutions.2012 – ukraine: mdac wins mikhailenko v. ukraine at the european court of human rights, the first guardianship case from ukraine. 14152006 – un hq in new york: mdac worked in coalition with around 400 ngos to participate in the drafting of the un convention on the rights of persons with disabilities.2014 – uganda: mdac visits most psychiatric hospitals and in two reports reveals violence in hospitals, by traditional healers and in the community, and launches cases in local courts.2014 – zambia: mdac reports on abuse of people with mental health issues,and convenes round-tables resulting in government committing to reforms.since 2009 – india: mdac‘s ceo has taught an international diploma course on mental health law and human rights, training lawyers and advocates from around the world.2014 – kenya: mdac launched the first study into restrictions on decision-making in africa. garnering wide-spread media attention, mps said they would use the report to introduce law reform. 1617part of our strategy of creating change is working with the media to influence public opinion. we‘ve had some successes but we need the resources to improve our potential impact.media coveragenow is the time“when i was a child my mother took me to the institution in bristol in which she worked as a psychiatrist. she and others managed to close it down and the ‘patients‘ are now ‘people‘ living in the community. yes, the uk has a long way to go to perfection, but the gravity of abuse and neglect in other countries is startling. from chisinau to kampala, the scale and gravity of violations are hard to take in. mdac is now embarking on the most exciting period of its history. we have tried and tested methodologies, as well as partnerships with grassroots ngos and global law firms. my team and i are ready to spring into action but for this we need your support.”oliver is the ceo of mdac and has been with the charity since its inception in 2002. he qualified as a barrister and is and is an associate at doughty street chambers in london. oliver holds visiting appointments at the central european university in budapest, the university of leeds and the indian law society. he blogs at www.mdac.org/olivertalks and tweets as @olewis75.© mdac1819oliver lewispatrons we pledge to:acknowledge your gift on our website and in all relevant publications keep you engaged in the life of mdac through monthly updates from the ceo and through postal copies of key mdac reports encourage you to interact through access to the friends‘ area on our website provide opportunities to meet mdac staff at special events in london and budapest we have two options for people to support mdac. all gifts are tax deductible, as mdac is a charity (no. 1124016)patrons and friends”i support mdac because although comparatively small, the charity advocates powerfully, and with an impressive degree of professionalism, for those who are unlikely to be heard in any other way.”dr. jill peayprofessor of law, lse levels of gift per year bronze£1,000silver£2,500gold£5,000diamond£10,000levels of gift per year associate£50counsel£100advocate£250partner£500we pledge to: acknowledge your gift on our website and in all relevant publications keep you engaged in the life of mdac through regular updates from the ceo and the chair of the board and through postal copies of key mdac reports build a personal relationship via a programme of involvement tailored to you encourage your participation in those areas of mdac‘s work where you have expertise, and in lectures, receptions and other events in londonfriends2021thomas hammarbergboard phillippa kaufmann qcpeter chivers andreas rindler jennifer randall michael bach mike bienenfeld felicity callard victoria butler-cole ron richler robert kushen yaa yeboah staffoliver lewis steven allen ann campbell betti nagy oana girlescu barbara méhes eyong mbuen adam szklenár agnes vári anna zeller fundraising volunteersfelicity auernancy rudel honorary president chair vice chair treasurer secretary ceo campaigns directorlitigation director finance and admin director lawyer lawyer lawyer communications assistant office assistant project managermdac people© mdac2223eyong louis mbuen, steven allen, oliver lewis and genevra richardson cbefinancial transparencywe are grateful for the vision and courage of those who have championed the cause of mental disability rights, and who continue to support our vital work. the advances we have made would not have happened without their support.mdac has an annual independent audit and publishes this on its website. will we spend your money on raising more money?no. the open society foundations (george soros‘s organisation) has given mdac £220,000 in 2015 which covers fundraising and office expenses. so 100 pennies in every pound you give will go into human rights impact. words carry meaning, so here‘s what we mean by ‘people with mental disabilities‘. we use this inadequate phrase to include people with ‘intellectual,‘ ‘developmental,‘ ‘cognitive,‘ and/or ‘psychosocial‘ disabilities. an intellectual disability generally means having greater difficulty than most people with intellectual and adaptive functioning due to a long-term condition that is present at birth or before the age of eighteen. developmental disability includes intellectual disability, and also people identified as having developmental challenges including cerebral palsy, autism spectrum disorder and fetal alcohol spectrum disorder. cognitive disability refers to difficulties with learning and processing information and can be associated with acquired brain injury, stroke, dementias including alzheimer‘s disease.people with psychosocial disabilities are those who experience mental health issues or mental illness, and/or who identify as ‘mental health consumers‘, ‘psychiatric survivors,‘ or ‘mad.‘ these are not mutually exclusive groups. many people with intellectual, developmental or cognitive disabilities also identify or are identified as having psychosocial disabilities. yes, these definitions are complex. but ultimately what we‘re interested in is a person‘s rights, rather than their labels. what is ‘mental disability’?2425to discuss your involvement, please call oliver lewis, our ceo, on 07769 344 102 or send an email to oliver@mdac.orgweb: www.mdac.orgtwitter: @mdacintl office phone: +361 413 2730 mdac is a charity registered with the charity commission of england and wales (number 1124016 ).© mdacthe next step27this brochure was written by mdac staff without paying expensive pr consultants. it was designed pro bono by arbmedia and printed by linklaters llp in july 2015.28www.mdac.org
