Justice, Rights and Inclusion for People with Intellectual Disability

1. Introduction

2. Legal Capacity and Guardianship

2.1 Country Reports

Spain: Guardianship for protection and participation

Sweden: System of guardianship with a strong role for municipalities

Poland: Traditional guardianship laws with shortcomings in practice

Germany: Successful reform under pressure because of high public costs

France: System of three measures for legal protection

Belgium: Important role of the concept of extended minority

The Netherlands: Variety of legal measures with need for improvement in practice

Ireland: Intensive lobbying for modern guardianship legislation

Slovenia: Improvement of individual rights is on the agenda

2.2 Conclusions

3. The Right to Services and Support

3.1 Country Reports

Spain: Users cannot choose services according to their quality

Sweden: The social welfare system

Poland: Disabled people cannot afford services

Germany: Many laws impair coordination of services

France: “Unique desks” should ensure coordination of services

Belgium: Bad regional distribution of services limits choices

The Netherlands: Personal budgets can leave disabled people in a weak position

Slovenia: More services, more providers, more choices

3.2 Conclusions

4. Access to Rights and Justice

4.1 Country Reports

Spain: Many people with intellectual disability are found in jails

Sweden: Lack of training and awareness of legal professionals

Poland: Pressure for legal incapacitation of disabled people

Germany: New laws allow NGOs to represent disabled people in court

France: Juridical assistance improves access to rights and justice

Belgium: Very few documents and procedures are accessible

The Netherlands: Without assistance the access to justice is very limited

Slovenia: Participation of NGOs and families is very important

4.2 Conclusions

5. Conclusions and Recommendations

Literature