5. Recommendations
Vulnerability
•
Commission Recommendation of 27 November 2013 on procedural safeguards
for vulnerable persons suspected or accused in criminal proceedings should be
implemented in the Slovenian national legal framework concerning deprivation
of liberty and cross-border mechanisms.
•
There should be a presumption of vulnerability for persons with psychosocial
and/or intellectual disabilities.
Rights of persons with disabilities
•
National legislation should be amended to correspond to the wording of the CRPD
in general and abolish discriminatory language/terminology in (criminal)
legislation.
•
Strengthen support mechanisms within the community and the general health
care systems for persons with intellectual and/or psychosocial disabilities to
prevent them from ending up in the criminal justice systems.
Identifying disabilities
•
Initial assessment of mechanisms for judges, prosecutors, medical and detention
and prison staff should be developed. The aim should go beyond assessment of
fitness to stand trial and mental capacity in relation to establishing criminal
responsibility and focus on the needs and accommodations during the
proceedings. This should be done by setting up checklists and guidance at all
stages of the criminal proceedings.
•
Establish a multidisciplinary approach in assessments of intellectual and/or
psychosocial
disabilities.
Besides
psychiatrists
and
psychologists,
this
multidisciplinary team should also include e.g. a social worker or NGO
representatives, who has a paramount role in making a thorough social study
about the person and their life situation.
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