Indicator 1(F): Do people with disabilities have access to support to enable them to make decisions about where and with whom to live or what support services to access?
Conclusion:
No.
Explanation:
The 2013 Civil Code introduced ‘supported decision-making’ for people with disabilities (see Glossary), a measure which the guardianship office can impose. The conceptualisation of supported decision-making in Hungarian law does not have to be based on the choices, will or preferences of the person concerned, but can actually be imposed – contradicting the right to legal capacity guaranteed in Article 12, CRPD.
Support is only available to people who have partially lost their “discretionary ability”, defined in law as their ability to manage their affairs and to make decisions.[28] The support person is appointed by the guardianship authority rather than chosen by the person him or herself, again showing the way in which such measures are imposed rather than based on the will and preferences of the person concerned. [29] The law does not specify, which it should, that support be based on a relationship of trust between the person with a disability and their support person.[30] In practice, a guardian can also be a ‘supporter’.[31] An official ‘supporter’ can support up to 45 people at the same time.[32]
[28] Section 2:38(1) of the Act V of 2013 on the Civil Code.
[29] Section 2:38(1) of the Act V of 2013 on the Civil Code and Section 2(1) of the Act CLV of 2013 on Supported Decision-Making.
[30] Mental Disability Advocacy Center, Legal Capacity in Europe, 17.
[31] Section 7(3) of the Act CLV on Supported Decision-Making.
[32] Section 7(6) of the Act CLV on Supported Decision-Making.