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

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