ENHANCING THE RIGHTS OF DEFENDANTS AND DETAINEES WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES: EU CROSS-BORDER TRANSFERS, DETENTION AND ALTERNATIVES – JUSTICE FOR ALL Aims: The project aimed to unite the efforts of practicing judges, lawyers and NGOs (service providers and human rights NGOs) in elaboration and testing of an innovative algorithm for applying procedures guaranteeing the respect of the rights of persons with disabilities in accordance with the most modern international human rights acts (mainly ECHR and UNCRPD) in court proceedings. The model mainly affected proceedings for placement of persons with psycho-social and intellectual disabilities in specialised institutions under the Social Assistance Act, for compulsory treatment under the Health Act and for involuntary treatment under the Criminal Procedure Code. The main anticipated outcome was the creation of tools to turn the court into a social centre integrating knowledge and support for the person in a vulnerable situation. During the project implementation new and specialised training materials, guaranteeing that the rights of people with psycho-social and intellectual disabilities are respected in court proceedings at every stage, were developed and discussed. A guidebook for assessment of the social functioning of the person with disability, a matrix for assessment of the need for support in court proceedings for persons with intellectual/psychosocial disabilities, an analysis of the case law of placement under guardianship, placement in residential institutions and placement for compulsory/ involuntary treatment cases and an analysis of the opinions of stakeholders on the need of knowledge, training and mechanism for joint work have been elaborated and uploaded on the website of the project (in Bulgarian) http://equalrights.gip-sofia.org. The elaborated model for multidisciplinary approach in case management in the abovementioned cases was tested in 40 court cases by the judges, expert witnesses and social service providers. The main target groups are judges, prosecutors, service providing NGOs, and persons with psycho-social and/or intellectual disabilities. The identified problems that led to this project were: the poor out-patient healthcare services; the poverty and the lack of access to support and meaningful activities for persons with psycho-social and/or intellectual disabilities and the lack of coordination between police, court, psychiatric facilities and social services. All these problems lead to long unnecessary stays of patients who do not need active treatment in psychiatric hospitals or to lack of any care while treatment is needed. In the meantime, these persons with disabilities do not receive any support during the court proceedings either. The pilot project identified as a promising practice brings social service providers, judges, medical experts and the person with disability work together in assessment of the situation of the concerned persons and in provision of support before, during and after the court proceedings. This is not explicitly provided for in legislation as an obligation but is an available option since 2020 when the Social Services Act was enforced. However, such appropriate social services are not provided in all court regions yet and the judges are not aware of them wherever they are available. Bulgarian Helsinki Committee 69

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