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. 56

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents