6 ENHANCING THE RIGHTS OF DEFENDANTS
AND DETAINEES WITH INTELLECTUAL
AND/OR PSYCHOSOCIAL DISABILITIES: EU
CROSS-BORDER TRANSFERS, DETENTION
AND ALTERNATIVES – JUSTICE FOR ALL
Case study - Bulgaria
The promising practice identified in Bulgaria during the desk research and
interviews was that of a multidisciplinary approach in case management
before, during and after court proceedings performed by social workers/
service providers, psychiatrists/psychologists (as expert witnesses), the
person with a disability and his/her relatives/close persons and judges.
The approach was applied by two judges in two courts during court proceedings for involuntary/compulsory treatment and for placement in residential services/institutions. 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 rights to justice); principles for fair court
proceedings for persons with disabilities, http://equalrights.gip-sofia.org.
Partners:
During the period 2020-2023, the Bulgarian Centre for Non-Profit Law (human rights NGO), the Global Initiative in Psychiatry - Sofia (service providing NGO, lead partner) and the Bulgarian Judges’ Association (partner)
had implemented a project “Ex iure ad iusstatium (from rights to justice);
principles for fair court proceedings 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.
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SLAVKA KUKOVA
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