JUSTICE FOR ALL
civil society organisations representing defendants and detainees with intellectual and/
or psychosocial disabilities in proceedings,
probation officers and social workers, medical
experts, representatives of national oversight
mechanisms and academics. These expert
interviews were conducted with nationals
from the partner countries as well as from
other Member States. Bitte noch einfügen: On
the national level, each partner organisation
was supported by National Advisory Boards.
In addition to national research, the Ludwig
Boltzmann Institute of Fundamental and
Human Rights (LBI-GMR) conducted research
on relevant international and regional standards, including standards provided inter alia
by the EU, UN (including the UNCRPD and
United Nations Convention Against Torture
(UNCAT)), Council of Europe (including
standards set forth by the European Court
of Human Rights (ECtHR)) or the European
Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or
Punishment (CPT)), which should build the
foundation for the protection of defendants
and detainees with intellectual and/or psychosocial disabilities.
In addition to the national consultations, the
LBI-GMR gathered information from other
EU Member States. The LBI-GMR prepared
a survey among experts and networks, which
collected information from 14 EU Member
States. The LBI-GMR further organised a
series of four virtual regional workshops to
consult with experts from partner countries
as well as from other Member States and
provide a platform for peer-to-peer exchange.
Each virtual workshop targeted a specific
stakeholder group: a workshop with lawyers, a
workshop with probation officers, a workshop
with representatives of oversight mechanisms, as well as a workshop with judges.
Furthermore, a one-and-a-half day regional
consultation workshop took place in Vienna in
June 2023, gathering 56 experts from 13 different EU Member States and representing all
relevant fields. This final workshop provided
opportunities for interdisciplinary exchange,
as well as presented and validated the project
findings and recommendations, which are
presented in this comparative report.
DEFINITIONS/
TERMINOLOGY
A significant challenge encountered throughout the project was 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 challenging
to find a universally satisfactory definition.
Considering that this project is based on a
human rights approach and has the overall
aim of strengthening the protection afforded
to these persons, we have chosen to follow
an inclusive approach based on the approach
adopted by the UNCRPD8 and in light of
previous projects by the LBI-GMR and the
members of this consortium.9
Following the UNCRPD approach, the project:
• Recognizes that disability is an evolving
concept that results from the interaction
between persons with impairments on
the one hand, and attitudinal and environmental barriers that hinder their full
and effective participation in society on an
equal basis with others on the other hand;
• Departs from a “medical model of disability” that views persons with disabilities as
“objects” of medical treatment and in need
of charity;
• Takes into consideration the ideas underpinning the “social model of disability”,
which views persons with disabilities as
“subjects” with rights and focuses on the
barriers that they face that may hinder
their societal participation;
• Applies a “human rights-based approach
to disability”, which recognizes the intrinsic
value of every person for their own end,
“rather than focusing on a lack of overall
capabilities as measured against a functional baseline”.10
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