Glossary

‘Centres for immediate help’

These are defined as institutions which provide protection and assistance to children without carers, those without age-appropriate care and children whose life or development is endangered, under the Civil Code and the Law on Social and Legal Protection of Children.^[85] Article 42 of the Law on Social and Legal Protection of Children provides that a child can be placed in a centre for immediate help if she or he is physically or mentally mistreated or abused or if the child is in an environment or situation where his or her basic rights are seriously compromised. In 2011 there were 77 centres for immediate help, including centres run by an NGO called the Foundation for Endangered Children.

CRPD

The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) is an international human rights treaty which is binding law on the governments of countries which have ratified it. The CRPD obliges these countries to “promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities”.^[86] It was adopted in 2006 and entered into force in 2008. To date, it has been ratified by 150 countries. The Czech Republic ratified the CRPD on 28 September 2009.

CRPD Committee

The Committee on the Rights of Persons with Disabilities (CRPD Committee) is an 18-person expert body responsible for monitoring the compliance of countries with the provisions set out in the CRPD. The Committee is responsible for offering interpretations about the CRPD, and giving guidance to governments about how to implement it.

Concluding observations

Each country which has ratified the CRPD is required to submit reports to the CRPD Committee two years after ratifying the Convention, and thereafter every four years (Article 35, CRPD). The report must set out how the country is implementing Convention rights. After examining a country’s report, the CRPD Committee makes recommendations to that county, and the document in which it does so are called “concluding observations”.

Guardianship (plenary and partial)

Since reforms of the guardianship system in the Czech Republic in 2014, judges can no longer remove all decision-making authority from people with disabilities (also known as ‘plenary guardianship’). However, partial guardianship still exists. This is where a judge can remove decision-making rights in certain areas of life and can vest these in a guardian. Guardianship systems remove the power and validity of decisions made by people. Decisions made by people under guardianship can be invalidated by their guardian.

Homes for people with disabilities

Three forms of social care are outlined in Article 33 of the Czech Social Services Act: i) residential, ii) ambulatory, and iii) field services. ‘Homes for people with disabilities’ are one of the recognised residential services (Article 48). These facilities range in size from small congregate homes to large scale institutions and provide accommodation, food, support with daily care, personal hygiene, educational and social activities and support in dealing with personal issues. Children with disabilities can also be accommodated in these institutions, where this is ordered by a court.

Homes with special regime

Homes with special regime are residential institutions defined under Article 50 of the Social Services Act for people with specific disabilities such as elderly persons with Alzheimer’s disease or people with severe and multiple disabilities. There are, on average, approximately 50 beds in such institutions.^[87]

Legal capacity

Legal capacity refers to the capacity to bear rights and the capacity to act and have decisions recognised by the law.^[88] A person under guardianship does not have their legal capacity. The recognition of the validity of a person’s decisions can cover all areas of life, including financial and property affairs, residence rights, employment, marriage, parenthood, sexual and reproductive rights, inheritance, voting and holding public office.

‘People with mental disabilities’

By ‘people with mental disabilities’ MDAC means people with intellectual, developmental, cognitive, and/or psychosocial disabilities. 

‘People with psycho-social (mental health) disabilities’ and ‘people with mental health issues’

People with psycho-social disabilities are those who experience mental health issues or mental illness, and/or who identify as mental health consumers, users of mental health services, survivors of psychiatry, or mad. These are not mutually exclusive groups. People with psycho-social disabilities may also identify, or be identified as, having intellectual, developmental or cognitive disabilities.

‘People with intellectual disabilities’

People with intellectual disabilities generally have greater difficulty than most people with intellectual and adaptive functioning due to a long-term condition that is present at birth or before the age of eighteen. Developmental disability includes intellectual disability, and also people identified as having developmental challenges including cerebral palsy, autism spectrum disorder and fetal alcohol spectrum disorder. Cognitive disability refers to difficulties with learning and processing information and can be associated with acquired brain injury, stroke and dementias including Alzheimer’s disease. These are not mutually exclusive groups. Many people with intellectual, developmental or cognitive disabilities may also identify, or be identified as, having psycho-social disabilities.

Personal assistance

Personal assistance is an individualised support service in the Czech Republic, with the aim of assisting people to live and be included in the community and to prevent isolation. Personal assistance can be provided for several activities, such as personal care and daily living, housekeeping, financial activities, education and employment.

Personal budget

A personal budget is an amount of money provided to a person with a disability by the state with the purpose that they can purchase the types of individualised support services they require. The aim of personal budgets are to enable people with mental disabilities to have greater control over the support they get and the way it is provided.

Reasonable accommodation

Reasonable accommodation means the necessary and appropriate adjustments and modifications which should be provided to people with disabilities to ensure they can exercise their rights. For example, this could mean providing support assistants to children with intellectual disabilities so that they can access mainstream, inclusive educational environments. In respect of employment, it could mean providing easy-to-read information to employees. It is a right guaranteed by the CRPD.^[89]

Sheltered housing

Sheltered housing is defined under Article 51 of the Czech Social Services Act as residential social care services for persons with decreased self-sufficiency due to a disability or chronic illness, including mental illness, and who require the help of another. Sheltered housing functions as either congregate or individual housing. In 2012 there were 147 providers of sheltered housing.^[90]

Social care institutions

Social care institutions refer to a variety of congregate and individual housing. They include homes for people with disabilities – ranging from small congregate homes to large scale institutions – week care centres, homes with special regime and homes for elderly people.

Social services quality standards

The Social Services Act requires Czech service providers to comply with a variety of quality standards. These regulate personnel, procedural and operational aspects in social service provision. Quality standard no. 8, for example, requires services to support users to access resources in the community and to develop their existing social networks including family and friends.^[91]

Support for independent living

Support for independent living is an in-home service in the Czech Republic, provided to people with reduced self-sufficiency because of a disability or chronic illness, including mental illness, whose situation requires the assistance of another person. It is provided under Article 43 of the Social Services Act 2006. In 2012, there were 41 providers with 319 users.^[92]

Week care centres

Week care centres are defined under Article 47 of the Social Services Act as residential social services providing accommodation to people with reduced self-sufficiency due to age or disability and to people with chronic mental illness, whose situation requires regular assistance from another person. Week care centres can be differentiated from ‘homes for people with disabilities’ in that they only provide accommodation during weekdays (Monday to Friday). The services provided at week care centres are the same as for ‘homes for people with disabilities’. In 2012 there were 67 providers of week care centres.^[93]