A court in the Czech Republic has ordered that a woman with intellectual disabilities should have all her legal rights restored.  This is important because this is the first time that a Czech court based its decision on the concept of supported decision making.  The United Nations Convention on the Rights of Persons with Disabilities says that people with disabilities must be able to live an equal basis with others in all ways. The woman, Renata, lived in an institution but with the help of a support person is capable of living an independent in the community.

The District Court in a Czech town Cheb ordered full restoration of legal-capacity of a woman with intellectually disability. This is a landmark ruling in Czech judicial history. It is the first time that a court based its decision on the concept of supported decision-making.

The proposal was submitted by the institution where the woman was living. This was done within the framework of Carlsbad region’s initiative, designed to help the people residing in institutions to start an independent life. First, the institution prepares its “clients” for this important change in their lives and consequently, it continues to provide support at their own homes.

With assistance or on her own, Renata is more than capable of doing her washing, shopping, cooking etc. She also has a part-time job. After years of being deprived of her civil rights, she is now gradually preparing for an autonomous life and looking forward to moving into a rented apartment with her friend from the same institution.

Positive change in life of Renata and her friends is only possible due to the general recognition that people with disabilities have equal rights to an ordinary life and full inclusion in society. This notion has already been incorporated into all relevant policy documents and legal provisions at national, European as well as international level. Article 12 of the UN Convention on the Rights of Persons with Disabilities stipulates that “states shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.”

In the countries of former Eastern bloc, where institutional care and traditional guardianship systems were deeply rooted, perception of disabled people and their rights started to change substantially only after 1989. That is also why the idea of supported decision-making was introduced in the Czech Republic only with the UN Convention on the Rights of Persons with Disabilities.

The concept of supported decision-making is based on the notion that every person, regardless of disability, looks for support in different situations of life: from arranging a mortgage to choosing outfit for a specific occasion. We only differ in the kind and extent of the assistance we need.

A modern approach to disability focuses foremost on what has to be done in order to facilitate fulfilling life for the disabled. In this respect, deprivation of legal capacity is rejected as not helpful. On contrary, it often turns into a barrier.

In the case of Renata, the District Court took into account the fact that Renata already had her support circle of relatives, friends and local social workers; and was using their assistance in legal and other actions.

Such a formal or informal network usually provides more reliable protection of rights than a deprivation of legal capacity and appointment of an official guardian, who is many times not even in contact with the ward.

In order to enhance protection of Renata’s rights, the Court appointed her sister as an official support person. Unlike in traditional guardianship systems, this was done without restricting Renata’s autonomy. In principle, the support person cannot act without her consent.

The district attorney appealed against the decision, thus preventing it from entering into legal force. However, this case demonstrated that courts can already base their rulings on the UN Convention and thus help the people with disabilities on their way towards an independent and fulfilling life.

This article is based on the information provided by Ms. Dana Kořínková, lawyer representing Renata in the court.