What does MDAC do?

Oliver Lewis

Mental Disability Advocacy Center (MDAC)

MDAC advances the human rights of children and adults with actual or perceived intellectual or psycho-social (mental health) disabilities.

Focusing on Europe and central Asia, we use a combination of law and advocacy to promote equality and social integration.

Our vision A world that values emotional, mental and learning differences, and where people respect each other’s autonomy and dignity.

Our values

• Respectful • Cooperative • Creative • Accountable • Professional

Our work • Legal – We represent people in strategic

cases (test case litigation) in domestic and international courts. Why?

• Policy and Advocacy – We monitor human rights, criticise governments and make recommendations. Why?

Where we work

Bulgaria, Croatia, Czech Republic, Estonia, Georgia,

Hungary, Kyrgyzstan, Russia,

Serbia

THEME 1legal capacity• One of our work areas since starting in 2001 • Guardianship is THE unexplored human

rights issue in Europe • There is more awareness now at the

international level• But little has changed in countries • This means there is a lot of work to do!

What is the law’s response?• Take away your of “legal capacity” • Place you under plenary (total) guardianship• Take away all your rights • No appeals • No complaints • No reviews • And “this is in your best interests”!

Right to vote: DENIED

• E.g. Hungary’s Constitution

Right to work: DENIED

• Work is an EU “competence”

Right to have a family: DENIED

• Get married if you want to

• Have children, and have support in raising the children if you need it

Right to use your money and property: DENIED

• Your guardian controls your money• He/she may not help you use it • Example of woman in Estonia whose

daughter took her apartment away and put her in an institution

• Corruption

Right to live in the community: DENIED

• People are sent to institutions for the rest of their life…

MDAC’s approaches• With partners, continue fighting in

several countries• Personal into political • Work with disabled people’s

organisations • Make positive criticisms to governments• National advocacy • International advocacy

THEME 2 Institutions and institutionalisation• Detention in psychiatric institutions: how

people get in, and how people get out • Court reviews of detention • Around 1 million people

THEME 3 Ill treatment and death• Overcrowding, degrading treatment, rape,

physical violence, • Consent to treatment • Needless and early deaths• Inadequate and discriminatory

investigations

Convention on the Rights of Persons with Disabilities

• United Nations • New! • Countries should “ratify” the Convention• Countries should “implement” the

Convention• We can encourage our governments to

do these things

What does the Convention say?

• Treat me like you treat others (equality and non-discrimination)

• Don’t take away my rights just because I have a disability (legal capacity on equal basis with others)