NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED
OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
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change the current model of disability assessment and
evaluation, which is contrary to the UN Convention on
the Rights of Persons with Disabilities. The amendments
de-emphasise medical criteria, focusing more on the
scope of the individual's needs and environmental
barriers, and will assess a wide range of other areas such
as mobility, self-service, communication, daily activities,
living environment, etc., in order to clarify the individual's
need for assistance and support.At the moment, the
Law on the Social Integration of Persons with Disabilities
gives a definition of a ‘disabled person’, stating that it is
‘a person, who according to this law has been assessed
to have a set level of disability or a level of 55 % (or less)
of working efficiency’. Therefore, in order for a person
to be considered ‘disabled’ for the purpose of getting
certain benefits, this must be officially recognised by a
competent institution.
The Law on Mental Health Care of the Republic of
Lithuania34 defines ‘mental illness’ as a disease diagnosed
by a medical doctor and certified by a psychiatrist, which
pursuant to the effective classification of diseases, is
assigned to ‘mental disorders’. A ‘mental disorder’ may
not be diagnosed on political, religious, racial grounds.
Lithuanian law does not define psychosocial or intellectual
disability.
In addition, it should be noted that the criminal law of the
Republic of Lithuania does not transpose the concept of
a ‘vulnerable suspect’ or a ‘vulnerable person’ provided
in the EC Recommendation of 27 November 2013 on
Law on Mental Health, 1995, No. I-924. Available at:
https://bit.ly/499BuV7.
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