Indicator 1(G): Can people with mental disabilities access effective mechanisms if they want to complain about their right to live in the community?

English

Conclusion:
No.

Explanation:

Despite recent law reform, there is still no clear legal mechanism for people with disabilities to challenge a denial of their right to live in the community, or agreement on whether the right to community living is enforceable in the courts. Although admissions to institutions are supposed to be based on the free and informed will of the person concerned according to the law, in reality institutionalisation can occur against the will of the person in cases where a guardian or court concludes a contract for services on their behalf.[30] One of the quality standards (see Glossary) of social services requires providers to establish a complaint mechanism, and these mechanisms are subject to review by the government Labour Office.[31]

 

 

 


[30] The court can act under Article 91(6) of the Social Services Act.

[31] Articles 97-99 of the Social Services Act.

 

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