People with disabilities, especially those with mental disabilities, face discriminatory behavior on the part of society and authorities. This conclusion was reached by the Council for Preventing and Eliminating Discrimination and Assuring Equality. Human rights experts Doina Ioana Straisteanu, member of the Council, told a press conference at IPN on Tuesday, December 9, that the Council has recently observed discriminatory attitudes towards mentally disabled people on the part of court-appointed lawyers, who are supposed to provide them with the legal assistance guaranteed by the state.
Doina Ioana Straisteanu told about a case at the Balti Psychiatric Hospital, where the doctors decided to hospitalize and treat with psychotropic drugs a patient without asking for his consent According to the law, the patient was offered a court-appointed lawyer. Later, it was found that the patient didn't event attend the meeting and the lawyer didn't request it. Moreover, he didn't inform the patient about the court's decision.
The Council invited the lawyer for a hearing and then decided that the patient was discriminated by his own defense. The decision had several recommendations, including one for the Balti office of state-guaranteed legal assistance to terminate the contract with this lawyer. The latter contested this decision in court and the recommendation wasn't accepted. “We have an interned person, deprived of freedom and treated with psychotropic drugs in a psychiatric hospital without consenting to it. This person didn't receive at least the minimum of qualified state-guaranteed legal assistance”, said Doina Ioana Straisteanu.
As a result of further analysis, it was found that this isn't the only case when court-appointed lawyers meant to defend the rights of disabled people show irresponsible and discriminatory behavior. “We have recommended the national council of state-guaranteed legal assistance to think of a guideline to ensure at least minimal quality standards and to perform an audit of the quality of services provided by court-appointed lawyers”, explained Doina Ioana Straisteanu.
The Council for Preventing and Eliminating Discrimination and Assuring Equality is an autonomous public authority, a body whose members are appointed by the Moldovan Parliament. The Council has 5 independent experts as members serving 5 year terms.
