•
National roundtable discussion: the event gathered 16 participants that
included the following groups - lawyers, judges, state prosecutors, national
monitoring mechanisms, NGOs, academia, policy makers, social services.
The project team received guidance and input from the National Advisory Board
consisting of five members (judge, lawyer, national monitoring mechanism, NGO,
academia).
The document is divided in two main chapters. One chapter covers the Slovenian legal
framework concerning the application of cross-border instruments to persons with
intellectual and/or psychosocial disabilities; and the other is on the national legal and
policy frameworks concerning defendants and persons deprived of liberty with
intellectual and/or psychosocial disabilities.
One of the first challenges encountered in the drafting of the document concerned the
terminology. The terminology used to describe the situation of persons with intellectual
and/or psychosocial disabilities has changed over time and varies from country to country,
making it impossible to find a universally satisfactory definition. Considering that this
project is based on a human rights approach and has the overall aim to strengthen the
protection afforded to these persons, we have chosen to follow an inclusive approach,
based on the approach adopted by the UN Convention on the Rights of Persons with
Disabilities5 and followed in previous projects by the LBI GMR and the members of this
consortium,6 and adopt the project wording “defendants and detainees with intellectual
and/or psychosocial disabilities”.
In brief, following the CRPD approach, the project:
•
Recognises that disability is an evolving concept that results from the interaction
between persons with impairments and attitudinal and environmental barriers
that hinder their full and effective participation in society on an equal basis with
others;
5
The CRPD does not contain a definition of ‘disability’ and/or ‘persons with disabilities’. Its
preambular paragraph (e) asserts that ‘disability is an evolving concept’; Article 2 CRPD provides
definitions of the CRPD’s key terms, but not of ‘persons with disabilities’. Rather a description of
the term ‘persons with disabilities’ is included in Article 1(2) CRPD, as part of the CRPD’s purpose.
See Emily Kakoullis, Yoshikazu Ikehara, in Ilias Bantekas, Michael Ashley Stein, Dimitris Anastasiou,
The UN Convention on the Rights of Persons with Disabilities: A Commentary (OUP 2018).
6
Information on the project: Dignity at Trial, 2018; for accessing the full publication see Barbara
LINDER,
Nóra
KATONA,
Julia
KOLDA,
Dignity
at
Trial,
2018,
p
24
https://bim.lbg.ac.at/sites/files/bim/attachments/04_handbook_dignity_at_trial.pdf .
3