Slovakia

MDAC carried out training for lawyers and NGOs on human rights in 2002, published a report on cage beds in 2004, and since 2009 has been carrying out advocacy on legal capacity law reform.

Current situation

People with intellectual disabilities and people with psycho-social disabilities in Slovakia suffer significant violations of their human rights. The problems include people with disabilities being stripped of their legal capacity and placed under guardianship. This results in autonomy being taken away, including consenting to medical treatment, accessing justice and political participation.  

Despite international condemnation following MDAC’s report in 2004, cage-beds (netting which is placed in a metal frame around a hospital bed to prevent a person from standing up or leaving the bed) are still lawful in Slovakia and widely used in health settings, although they have been banned in social care institutions.

Children with disabilities are denied their right to inclusive education. Instead they are sent to segregated special schools.   

MDAC activities

Strategic litigation: MDAC together with its Czech partner organisation the League of Human Rights (LIGA) MDAC is seeking cases suitable for strategic litigation. At present MDAC is involved in preparing a case on the right to live in community.

Advocacy: In March 2011 the UN Human Rights Committee (the treaty body which monitors implementation of the International Covenant on Civil and Political Rights) examined a report submitted by the Slovak government. MDAC provided the Committee with a shadow report, which resulted in criticism of special educational system and status placement of children with disabilities in special educational facilities.

In April 2011, MDAC submitted a shadow report to the Human Rights Committee's sister body, the Committee on Economic, Social and Cultural Rights, which resulted in several specific questions to the government. The Committee asked the Slovak government to provide information on accessibility of services for persons with disabilities, on measures adopted to promote community based services for persons with mental disabilities and the availability and accessibility of mainstream educational institutions and programmes at various levels for pupils and students with disabilities.

MDAC has taken an active part in an NGO coalition pushing legal capacity law reform. The coalition has prepared legislative proposals on substantive and procedural law. During a last round-table held in September 2010 a final proposal of the guardianship reform was discussed together with the officials from the Ministry of Justice. MDAC also took part in the preparation of the National Action Plan on implementation of the Convention on Rights of Persons with Disabilities.

In 2011, the Ministry of Social Affairs established a working group on transformation of social care services leading to deinstitutionalisation and the establishment of community support services. MDAC is a member of this working group.

Capacity-building: In 2011 we will organise a seminar on legal capacity for law makers and NGOs.