The resident of Spitak Care House demands to restore his competence at the court
17:41, March 7, 2018 | News, Own news | Prohibition of Discrimination, Rights of Patients
The resident of Spitak Care House who was declared incompetent demands to declare him competent and to abolish the guardianship assigned for him.
He was declared incompetent in accordance with his mother’s application yet on April 16, 2004. He has been residing in Spitak Care House, where he was transferred to from a closed care institution, since July 17, 2016.
Having been declared incompetent for fourteen years, he is deprived of the opportunity to exercise his fundamental rights, cannot find a job and take care of himself.
Incidentally, throughout his time in Spitak Care House as well as before it, since 2015, he has not been in need of treatment as he lives a normal life.
In addition to a number of other provisions of the RA legislation that refer to the rights of persons with disabilities, on April 12, 2017, in its concluding remarks on the RA report on its fulfillment of the requirements of the Convention on the Rights of Persons with Disabilities, the UN Committee on the Rights of Persons with Disabilities also touched upon the institute of declaring one incompetent. The Committee expressed its concern with the provisions of the RA legislation on declaring a person incompetent and assigning a guardian, especially the absence of mechanisms of replacing the system of making decisions through a guardian with the system of supporting decision making.
HCA Vanadzor has touched upon the issue of incompetence multiple times, presenting an alternative report on the RA’s fulfillment of the requirements of the Convention on the Rights of Persons with Disabilities and proposals on the institute of declaring an adult incompetent in the RA.
As a result of being declared incompetent, a person is deprived of being a full member of society and becomes dependent of others’ decisions.
Ani Chatinyan, the representative of the resident of Spitak Care House and an advocate at Helsinki Citizens’ Assembly Vanadzor Office, filed with the court the application on restoring competence and abolishing guardianship on October 19, 2017.
She presented evidence of the need to restore the competence of the resident of Spitak Care House, making reference to the specialist’s opinion on the resident’s state of health.
On February 15, 2018, during the court hearing at the Court of General Jurisdiction of Lori Province, after presenting the grounds and subject of the application, A. Chatinyan filed a motion to assign a forensic psychiatric examination.
The court upheld the motion and terminated the case proceedings. They will recommence following the receipt of the expert conclusion.