HCA Vanadzor position on the institute of declaring adults legally incapable in the RA
17:10, June 4, 2015 | News, Own news | Prohibition of Discrimination, Rights of Patients
The activity of HCA Vanadzor targets among others protection of the rights of persons with mental health problems. Within protection of the rights of persons with mental health problems, in 2007, 2009 and 2013 the Organization carried out human rights monitoring at the neuro-psychiatric facilities in the RA, prepared relevant reports and submitted proposals to competent authorities. In 2014, the Organization submitted an alternative report on fulfillment by the RA of the requirements of the United Nations Convention on the Rights of Persons with Disabilities.
One of the actions under the National Strategy for the Protection of Human Rights approved by the RA Government Decree № 303-N dated February 27, 2014 concerns specifying the grounds for declaring persons with mental health problems and/or mental disorders legally incapable and developing differentiated standards for assessing the legal incapacity.
Recognizing a person as legally capable ranges among the essential conditions for him/her to act as a subject of law. Limited legal capacity or incapacity deprives a person of being a full member of society. Instead of acting as an equal subject of public relations, such person turns into an object of regulation of public life and legal relations dependent on the decisions of others.
Guided by human dignity, equality before the law and other universal principles of human rights, Helsinki Citizens’ Assembly-Vanadzor carried out a study and put forward proposals on replacing the institute of declaring an adult legally incapable by an institute to ensure full exercise of a person’s rights and protect the rights and legal interests of others, which would not restrict a person’s rights disproportionately.
Below are the position and proposals of HCA Vanadzor on the institute of declaring an adult legally incapable in RA. This position highlights the need to introduce a mechanism promoting annulment of the legal incapacity institute, exercise of the rights of persons in vulnerable situations, protection of legal interests and fulfillment of responsibilities and to map out an action plan of reforms in this field.