Volume 5 : 1
Translation Challenges of the Inter-American Court of Human Rights and Cost-Effective Proposals for Improvement
American Convention on Human Rights Articles 46(1)(a) and 46(2)(c): Achilles Heel or Trojan Horse?
Measures of Reparation for Victims of Gross Human Rights Violations: Developments and Challenges in the Jurisprudence of Two Regional Human Rights Courts
The Institutionalization of People with Mental Disabilities: Comparative Analysis between Its Treatment under the Inter-American and European System of Human Rights
Interpreting the European Convention: What can the African Human Rights System Learn from the Case Law of the European Court of Human Rights on the Interpretation of the European Convention?
Gobernar desde abajo: Del control de convencionalidad a la instrumentalización de la inversión estructural de la pirámide kelseniana
Advocacy for a U.S. Commission of Inquiry on Torture in the Context of the “War on Terror” Inspired by the Latin American Experience: Chile and El Salvador
El sistema africano: Pilar más incipiente de la trilogía de mecanismos regionales de salvaguardia de los derechos humanos
Implementation of Judgments: Should Supervision be Unlinked from the General Assembly of the Organization of American States?
Translation Challenges of the Inter-American Court of Human Rights and Cost-Effective Proposals for Improvement
American Convention on Human Rights Articles 46(1)(a) and 46(2)(c): Achilles Heel or Trojan Horse?
Measures of Reparation for Victims of Gross Human Rights Violations: Developments and Challenges in the Jurisprudence of Two Regional Human Rights Courts
The Institutionalization of People with Mental Disabilities: Comparative Analysis between Its Treatment under the Inter-American and European System of Human Rights
Interpreting the European Convention: What can the African Human Rights System Learn from the Case Law of the European Court of Human Rights on the Interpretation of the European Convention?
Gobernar desde abajo: Del control de convencionalidad a la instrumentalización de la inversión estructural de la pirámide kelseniana
Advocacy for a U.S. Commission of Inquiry on Torture in the Context of the “War on Terror” Inspired by the Latin American Experience: Chile and El Salvador
El sistema africano: Pilar más incipiente de la trilogía de mecanismos regionales de salvaguardia de los derechos humanos
Implementation of Judgments: Should Supervision be Unlinked from the General Assembly of the Organization of American States?
Year
2012
Volume
5
Number
1
Page
72
Language
English
Court
Reference
E. ACUÑA PEREDA, “The Institutionalization of People with Mental Disabilities: Comparative Analysis between Its Treatment under the Inter-American and European System of Human Rights”, IAEHR 2012, nr. 1, 72-89
Recapitulation
People with mental disabilities are among the groups whose rights are most violated today. Mainly, they are not considered capable of making their own decisions, and they are placed in mental institutions without their consent and without the opportunity to challenge this measure. This disturbing figure, called institutionalization, has not been addressed adequately by states despite the entry into force of the Convention on the Rights of Persons with Disabilities. Within this background, this article compares and analyses the major efforts and contributions in relation to the institutionalization of people with mental disabilities in the two more recognized regional systems: the Inter-American and the European Systems of Human Rights. Through the instruments and jurisprudence their bodies have adopted it can be identified and concluded that the major difficulty was to decide on the absolute prohibition of institutionalization of people with mental disabilities. However, there has been progress in certain areas, mainly the ones regarding the rights to personal liberty, community life and access to justice. Both regional systems have gradually incorporated the principles of the Convention on the Rights of Persons with Disabilities in order to protect and ensure the rights of people with mental disabilities.
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