Romania must implement the decisions of the European Court of Human Rights regarding the rights of people with intellectual disabilities, according to two communications published on Thursday by the Commissioner for Human Rights of the Council of Europe and addressed to the Committee of Ministers, according to the CoE website.
Decisions of the European Court of Human Rights – Photo Shutterstock
Two of the causes are “The Center for Legal Resources in the name of Valentin Câmpeanu against Romania” and “N. (no. 2) against Romania” and refers to the deficiencies of the legal protection system for adults with intellectual disabilities or mental health problems and their access to justice, reports Agerpres.
The Commissioner for Human Rights of the Council of Europe highlighted the need to take further measures to replace guardianship with decision-making support and to ensure that vulnerable people, especially those in institutions, can benefit from independent and effective support.
Moreover, the Commissioner says it is important to allow close monitoring of institutions, including by NGOs, and to establish accessible mechanisms for lodging complaints, to ensure proper reporting and investigation of cases of abuse and death and to increase capacity building in the judicial system.
Regarding the cause “Parascineti against Romania”the group “Cristian Teodorescu” and the group “N. against Romania“, regarding human rights violations in the context of mental health, the Commissioner underlines the imperative need for a human rights-based approach to mental health care, involving a fundamental shift from coercion and institutionalization to community-based services that respect the rights and dignity of people.
At the same time, all the legal provisions that allow the discriminatory detention of people with intellectual or psychosocial disabilities and the provision of medical assistance, including psychiatric assistance, based on freely expressed and given informed consent must be repealed, the Commissioner also states.
“The authorities should initiate measures to progressively develop and ensure access to quality, human rights-compliant mental health care services throughout the country.”the Commissioner also mentions.
It is also vital that Romania addresses the situation of the large number of people who continue to live in psychiatric institutions due to the lack of services in the community.
