ANNEX - CASE STUDIES ON GOOD PRACTICES
ANNEX 2: BULGARIA MULTIDISCIPLINARY
APPROACH IN CASE MANAGEMENT
The promising practice identified in Bulgaria
during the desk research and interviews
was that of a multidisciplinary approach
in case management by social workers/
service providers, psychiatrists/psychologists (as expert witnesses), the person
with a disability and his/her relatives/close
persons and judges applied by two judges
in two courts during court proceedings for
involuntary/compulsory treatment. It was set
up within a project and showed good results
but is an exception in practice. The positive
sides of this approach are that the judges
receive valuable and reliable information
about the person’s actual situation, needs
and potential and may decide the case in a
way that respects the rights of the person
with disabilities (with a focus on Art 6 (fair
trial) ECHR and Art 12 and Art 13 of the
UNCRPD). The approach also helps the
person to be ensured with support during
the proceedings and afterwards.
Description of the project:
Name: Ex iure ad iusstatium (from law to justice); principles of fair trial for persons with
disabilities, http://equalrights.gip-sofia.org.
During the period 2020-2022, the Bulgarian
Centre for Non-Profit Law (human rights
NGO), the Global Initiatives in Psychiatry Sofia (service providing NGO, lead partner)
and the Union of Judges in Bulgaria (partner)
had implemented a project "Ex iure ad iusstatium (from law to justice); principles for a fair
trial for people with disabilities", supported
by the Active Citizens Fund - Bulgaria (www.
activecitizensfund.bg) within the Financial
Mechanism of the European Economic Area
2014-2021.
The project aimed to unite the efforts of
practising 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
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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 procedures at every stage, were
developed and discussed. A guidebook and
two analyses are being elaborated currently
and will be 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 above
mentioned 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.
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