Introduction

The Czech Republic has undergone significant changes in recent decades, and particularly since the dissolution of Czechoslovakia. Despite rapid development in the economy, membership of the European Union and alignment with European legal norms, large numbers of people with mental disabilities^[1] continue to be segregated in institutions. There are positive signs of change, including the enactment of a new Civil Code this year which substantially reformed guardianship in the country. Yet, progress remains slow and the government has done little to address the right to community living for people with mental health issues in particular.

In 2009, the Czech government ratified the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), signalling a new era for almost half a million Czech citizens with disabilities. By doing so, the Czech government voluntarily accepted a legal obligation to ensure that all people with disabilities are supported to live independently in the community. Yet, the progress of closing institutions has been slow, despite clear evidence of the abusive nature of some institutions.^[2] The Czech Public Defender of Rights pointed out that people with intellectual disabilities who should have been moved out of social care institutions have instead been placed in psychiatric institutions, subjected to regimes of ‘protective treatment’,^[3] and making a mockery of official ‘deinstitutionalisation’ plans.

The government has undoubtedly taken some promising steps to advance the rights of people with mental disabilities. The National Plan for the Equalisation of Opportunities for Persons with Disabilities 2010–2014 calls for the implementation of Article 12 of the CRPD on the right to legal capacity for people with disabilities.^[4] The new Civil Code enhanced the right of people with disabilities to choose where they live in the community. However, the government could and should have gone further. Instead of abolishing guardianship, for example, the government chose to maintain a system of partial guardianship which can deny people with mental disabilities their parental rights,^[5] marital rights^[6] and the right to vote and stand for elections,_[7] among others.

Before ratification of the CRPD, the Czech government committed itself to deinstitutionalisation and the transformation of residential social care services with the adoption of a transformation strategy. Despite the progressive ideals of the plan,^[8] very few people with mental disabilities have been enabled to live independently in the community. Only the residents of 40 institutions were identified as being beneficiaries of the project, and people in psychiatric institutions were not included.

In respect of the development of community-based services, many promising practices exist across the country, however these tend to be localised and not available in many parts of the country, particularly outside of urban conurbations. Resources, however, are not the key barrier to extending these services. Rather, the Czech government continues to spend significantly more money on maintaining institutions rather than taking steps to divert this to community-based provision. This is a conscious choice made my policy makers, but which contradicts the letter and spirit of Article 19 of the CRPD. One clear step the government could take would be to earmark all future EU funds only to develop community-based services.

Practical change is not only hindered due to financing decisions, but reflects a lack of political will to engage with a comprehensive process of transformation. While there are some notable public voices supporting the right to community living,^[9] stereotypes and misconceptions about people with mental disabilities abound in the popular consciousness,^[10] presenting a serious barrier to social inclusion. It is essential to develop open and welcoming environments if people with mental disabilities are to truly benefit from their right to live in the community.

The intention of this briefing is to provide civil society with evidence of the gap between what the government should be doing, and the lived reality of people with mental disabilities in the Czech Republic. There are a number of promising signs, particularly in relation to the development of individualised services, and some very innovative promising practices. Now is the time for high level, practical commitment to securing inclusion for all people with mental disabilities. It is hoped that the present analysis serves as a useful basis for monitoring progress, and holding the Czech government to account for its obligations towards people with mental disabilities in the country.

Acknowledgments

MDAC is grateful to a number of people who provided information, assistance and guidance in the preparation of this briefing, and in particular:

Zuzana Durajová, Human Rights Leader, Liga - the League of Human Rights; MDAC Legal Monitor
Milena Johnová, Director, QUIP
Maroš Matiaško, Czech Lawyer and MDAC Legal Monitor
Filip Rameš, Huyman Rights and Discrimination Program Manager, Open Society Foundations, Prague
Daniel Rychlik, Head of the Department of Social Affairs, Moravskoslezsky Region
Stanislava Správková, Head of the Department of Social Affairs, Karlovy Vary Region
Václav Štrunc, Project Coordinator, Instand

Barbara Méhes, MDAC Legal Officer, lead on the research and drafting of the briefing. The content was guided and edited by Steven Allen, MDAC Advocacy and Communications Director, and Oliver Lewis, MDAC Executive Director.