justice for persons with disabilities in the EU, building on international guidance provided
by the United Nations.
However, up until now, in the EU as well as in Slovenia, most of the attention focused
mostly on civil involuntary placement and treatment or victims of crime,3 and there was
little discussion as to how the principles of the CRPD should be reflected for defendants
and detainees with intellectual and/or psychosocial disabilities. This was also more
generally highlighted by the OHCHR, which noted that the subject of the CRPD’s impact
on criminal responsibility remains significantly under-examined within both disability and
legal discourses and called for more debate, research and identification of good practices
is needed to advance the reform of existing legal frameworks.4
1.1. Methodology and definitions
The project “Justice for All” aims to contribute to the above- described discussions within
the European Union. This document aims to present the national law and practice on the
subject matter. It is based on the results of the national research, which consisted of the
following activities:
•
Desk research: National (relevant national laws and policies, caselaw,
monitoring mechanisms' reports, academic literature) and international (UN,
CoE, EU) sources were consulted.
•
Interviews: Ten interviews were conducted. These included a judge, state
prosecutor, lawyer, three psychiatric experts and representatives of the
Human Rights Ombudsman, Probation Agency, NGO representing persons
with psychosocial disabilities and academia.
3
FRA, 2012 https://fra.europa.eu/sites/default/files/involuntary-placement-and-involuntarytreatment-of-persons-with-mental-health-problems_en.pdf, which excludes placement and
treatment arising from the commission of a crime.
4
https://www.ohchr.org/en/calls-for-input/calls-input/draft-guidance-mental-health-humanrights-legislation-whoohchr#:~:text=It%20seeks%20to%20encourage%20the,wellbeing%20and%20good%20mental%2
0health. See also Prof Bartlett, “In a European context, remarkably little has been written …. The
North American literature is considerably richer, and European lawyers new to the representation
of people with mental disabilities would be well advised to consider it with care. Nonetheless, in
the absence of literature directed to a European audience, we provide in appendix 7 to this volume
an introductory guide to representation of people with mental disabilities, and to some of the
particular problems it raises.”
2