1

QUESTIONS FOR DEBATE

Opening session:

What do I bring to this meeting and what would I like to learn?

2

QUESTIONS FOR DEBATE

o In light of earlier discussions, what steps should be taken to make sure basic rights are respected in everyday life?

oWhat is your experience? How are your rights protected in your daily work? Is there something in particular that needs to change?

3

QUESTIONS FOR DEBATE

o How can the FRA, national human rights institutions, professional bodies (legal and medical) or regulatory bodies, persons with intellectual disabilities and persons with mental health problems further engage in order to bring about a fundamental rights-based approach to disability and mental health?

4

QUESTIONS FOR DEBATE

o Could human rights education material be useful to medical and legal professionals? How could this be developed together with the FRA?

5

Fundamental Rights of Persons with

Intellectual Disabilities and Persons with

Mental Health Problems

Eva SobotkaExternal Relations and Networking

DepartmentVienna, 4 November 2010

6

Two Groups of Individuals

Deliberate decision to include two specific groups of individuals:

Persons with intellectual disabilitiesPersons with mental health problems

Different groups, but often the same reaction from society: stigma and social

exclusion

7

Project Objective

• Facilitating the full enjoyment of the fundamental rights of persons with intellectual disabilities and persons with mental health problems

8

Project Methodology(2009 – 2012)

Legal Research Collection of data through FRA’s Network of

Legal Experts (FRALEX); June - December 2009 Focus: national and international legal

framework

Social Research Primary data collection regarding the situation

“on the ground” Focus: independent living and de-

institutionalisation

Networking Stakeholders consultation and reach out.

9

Legal Research

Anti-discrimination and equality frameworkIncorporation of the UN Convention

on the Rights of Persons with Disabilities

Incorporation of the European Union Acquis

Protection of Specific Fundamental Rights

Involuntary Placement and Involuntary Treatment

Competence, Capacity and Guardianship

10

Social Study

• Primary data collection: personal experiences & views of main actors through in-depth interviews and focus groups

• Involvement of self-advocates and user-researchers in project design and implementation

• Thematic focus: Exercise of the right to

independent living Legal capacity Fundamental Rights situation in

long-term care institutions Access to justice

11

Networking &

Communication

• Stakeholder consultation and identifying possible impact, so that results of the project are targeted towards stakeholders needs and the findings are useful and relevant to them.

• Awareness-raising activities; combating stereotypes and misinformation.

12

Project Publications

• Three small legal comparative analyses on : Political Participation, Involuntary Placement and Treatment and Legal Capacity

• “Nothing about us without us”: guide to conducting inclusive research

• 8 Country case studies on independent living and de-institutionalisation

• Overview report on fundamental rights situation

13

For more information

Email: disability@fra.europa.eu

Visit: www.fra.europa.eu