Tag: access to justice
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Zambia: Courts Miss Opportunity to Extend Equal Protection Before the Law for Persons with Intellectual and Psychosocial Disabilities
The Supreme Court of Zambia has handed down a judgment ruling against a petition challenging the constitutionality of Section 4 of the Zambian Mental Health Act 2019. While applauding the petitioners, Sylvester Katontonka of the Mental Health Users’ Network of Zambia (MHUNZA) and Wamundila Waliuya of Disability Rights Watch (DRW), the court upheld a previous…
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Voices for Justice: EU justice systems must do better on rights of victims with disabilities
The justice system and its symbols are scary. In most places, courts are not about justice, they are about power. For anyone, facing these symbols of power is disabling. Start with thinking about de-focusing the power; the focus should be on justice. It is really about the humanisation of the justice system itself and making…
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Moldova: ECHR finds Moldova responsible for failing to protect women with intellectual disabilities against forced abortion and contraception
On 22 November, the European Court of Human Rights issued a judgment in G.M. and others v. the Republic of Moldova, a case represented by a Moldovan lawyer Violeta Gaşiţoi, which Validity supported as an amicus curiae. The Court found that Moldova violated Article 3 of the Convention, which protects against abortions and contraception to…
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Strengthening the rights of victims of crime with disabilities in Europe: From ‘blank space’ to humanising justice
The justice system is confusing and intimidating for many victims of crime, but victims with disabilities face almost insurmountable barriers. Research conducted by the Voices for Justice project in 7 EU countries, and brought together in the ‘Humanising Justice’ report published in 2022, found a ‘blank space’, as people with disabilities experience entrenched physical, attitudinal, institutional,…
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The European Court finds once again that Bulgaria has breached the right to vote of persons with disabilities
On 5 July 2022, The European Court of Human Rights ruled that Mr. Genchev’s right to vote was infringed because a director of a psychiatric institution made it impossible for him to vote in the Bulgarian legislative elections. On 12 May 2005 Mr Genchev went to the Radnevo Psychiatric hospital for a voluntary treatment. During…
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Romani man wins unlawful detention case against Slovak Police
Bratislava, Brussels, Budapest, 4 May 2022: The Bratislava I District Court have ruled in favour of a 30-year-old Romani man with an intellectual disability who was illegally held in police custody for four weeks in 2013. The Court, in its first instance judgment, awarded the man from Moldava nad Bodvou €4,000 in compensation for his…
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Moldova: Validity calls on European Court of Human Rights to recognise forced abortion and sterilisation as torture
Validity has intervened before the European Court of Human Rights (“the Court”) in the case G.M. and others v. the Republic of Moldova. Our intervention highlights that forced sterilisation and forced abortion are forms of torture and ill-treatment, and constitute systemic discrimination against women with disabilities. We also explained that legal systems condone these acts…
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Ukraine: Validity urges European Court of Human Rights to condemn forensic psychiatric detention
Recently, Validity intervened in the case of Tymoshenko v. Ukraine brought by a young woman with a psychosocial disability who was detained and treated against her will in a psychiatric hospital. The Ukrainian prosecution accused Ms Tymoshenko of hurting another person. Eventually, the criminal court decided that she could not understand and control her…
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Hungary: Budapest Court confirms Government must release the names of public guardians on request
Topház Social Care Institution became widely known after Validity revealed the inhumane and horrific treatment of its residents in a 2017 report. 220 residents were subject to torture and ill-treatment in Topház. Children as well as adult residents were put in metal cage beds, routinely chemically and/or physically restrained, were underweight, and physically, mentally and emotionally neglected. Topház is a closed institution and almost all residents are placed under guardianship. Validity made several attempts to get access to victims in…