4(C)(i). Anna lives in an institution and wants to get out
Facts
Anna has a job and lives in her own home. She has mental health issues. Her relatives get a medical report and a court restricts her legal capacity. The guardianship office of the local government is appointed as her guardian. She does not want to be under guardianship, and has asked the courts several times to reverse their decisions. The courts have rejected her requests.
The guardian signs a contract with a social care institution to provide residential services for Anna. No one informs her about this decision or the reasons for it. Anna is not allowed to take any decisions in the social care institution, and is forced to take sedatives at night, despite her objections. She is not allowed to telephone anyone without the staff listening, and staff read letters which she sends and receives. Anna wants to go home and have her old life back.
Discussion
This is a typical scenario in many countries of the world. There are many points which a lawyer can argue to help Anna, relying on the arguments pool above:
- Community supports: Anna’s right to live in the community has been violated by placing her in an institution.
- Liberty: On the facts, it looks like she is unlawfully detained.
- Privacy, family and home: In the institution her decisions are restricted and the regime constricts her autonomy. Her communications are restricted and censored, she can no longer access the home she owns and she cannot form relationships outside the institution.
- Non-discrimination: Anna has been placed under guardianship and in an institution on the basis solely of her perceived mental disabilities. No other group in society is treated like this.
- Access to justice: She has no avenue to challenge her institutionalisation or appeal the decision of the guardian.
- Fair trial: Anna was not informed about her guardianship or given any opportunity to challenge her detention, so her fair trial rights are engaged.
- Conditions: The cumulative effect of being forcibly treated with medication and being detained in an institution may amount to ill-treatment under Article 3 of the ECHR or Article 15 of the CRPD.