Human rights are still violated in proceedings concerning legal capacity! LIGA presented recommendation on how to solve problems

Brno, Budapest – 22nd July 2009 – The League of Human Rights and the Mental Disability Advocacy Center (MDAC) issued a new policy paper entitled “Proceedings Concerning Legal Capacity”, which points out that human rights of people with mental disabilities are violated in proceedings concerning legal capacity.

The policy paper points out the poor legislation and work of Czech courts, which allow the violation of basic rights and liberties of people with disabilities. These are mainly the right to be heard, the right to verdict delivery and the right to efficient legal representation. “We can see that the courts are very often treating disabled people with disrespect. Judges rarely treat them as a party to the action enjoying full rights, although they are obliged to do so,” says Maroš Matiaško, a LIGA and MDAC lawyer.

The LIGA and MDAC lawyers have lots of experience representing clients in proceedings concerning legal capacity. Mr. Milan’s case is one of the cases that illustrate the appalling attitude of Czech courts towards people with disabilities. Mr. Milan was twice deprived of his legal capacity without learning of it. The proceedings went on for nearly twelve years. The judge of the City Court never saw Mr. Milan in person, never summoned him, never interrogated him and twice failed to deliver to him the verdict. “Such an attitude can often negatively affect the mind of a disabled person, as well as their self-confidence, and their confidence in state authority” says Matiaško.

In reaction to these problems LIGA and MDAC have issued a policy paper, in which they analyze the proceedings concerning legal capacity, define the deficiencies in the proceedings, and offer sixteen specific recommendations on how to change the Czech legal regulations so as to prevent this obvious violation of human rights of disabled people.