Indicator 1(F): Do people with disabilities have access to support to enable them to make decisions about where and with whom they live or what support services to access?

English

Conclusion:
Czech legislation guarantees access to support for decision-making to people with disabilities, but in practice this support is not always available.

Explanation:

The new Civil Code introduced supported decision-making as a legal measure to enable people with disabilities to exercise their decision-making rights without compromising their autonomy.[29] The support provided is based on an agreement between the supporter and the supported person and is then authorised by a court. The supporter has the right to invalidate a legal act which was concluded without his or her presence and which resulted in harm.

Article 2 of the Social Services Act introduces the principle that social services should seek to achieve the integration of people with disabilities in the community. Article 38 of the Act goes on to state that people with disabilities have the right to receive support in the least restrictive environment.  While this suggests that service providers should act in a way which strengthens the right to community living, practitioners in the Czech Republic have noted that service providers tend to be focused on risk avoidance and protecting the user from perceived harm.

 

 

 


[29] Article 45 of the Civil Code.

 

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