Newsletter of the Association for Self Advocacy
Issue 26
Topic of the issue: The convention on the rights of persons with intellectual disabilities Article 12: Equality before the law
Editorial Dear self-advocates, persons with intellectual disabilities have the right to be equal before the law as all other people. This right is very important for persons with intellectual disabilities to be included and to have the same rights as others. Equality before the law is one of the most important rights which is also defined by the Convention on the Rights of Persons with Disabilities. Many persons with intellectual disabilities are deprived of legal capacity. In this issue of the Voice of Self-Advocates we shall explain what is legal capacity and what is written in the article 12 of the Convention on the Rights of Persons with Disabilities.
Editor Senada Halilčević Journalists Hrvoje Forner Snježana Kanjir Tomislav Ivašković Assistants Mladen Katanić Ivana Poslon Hrvoj Damjan Janjušević Pictograms and symbols: © Widgit Software tel: +44 1223 425558, web: www.widgit.com Pictograms used for making the magazine front cover have been downloaded at: www.flaticon.com Authors of the pictograms: Tomas Knop, Dot on Paper and Freepik
Self-advocates should be informed about things that affect their lives. Self-advocates should have enough opportunities to decide about themselves and their lives. That is why it is important that as much people as possible gets informed about legal capacity and human rights.
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Resources for implementation of the Program have been provided by the Ministry of Demography, Family, Youth and Social Policy. This doesn’t mean that the Ministry of Demography, Family, Youth and Social Policy completely agrees with the content of this publication.
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HUMAN RIGHTS What are human rights? Human rights are rights owned by all people. Human rights say that all citizens are equal and that no one can be discriminated. Discrimination means that some people have less or more rights than others. For example, discrimination is when somebody has less rights only because he or she is different: yy religion, yy nationality or yy person with disability. Discrimination is bad.
CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES Many important rights for persons with disabilities are written in the Convention on the Rights of Persons with Disabilities. The Convention is the short name of the Convention on the Rights of Persons with Disabilities. We shall use the short name Convention further in the text. The rights written in the Convention make possible the equality of persons with disability in society. The Convention was adopted by Croatia and European Union as well. Glas samozastupnika
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Croatia and European Union therefore have to change old and make new laws in order to make persons with disabilities equal with all other citizens. We shall especially talk about Article 12 of the Convention in this issue. The Article 12 is called Equality Before the Law.
Article 12: Equality Before the Law The Convention says that all persons with disabilities are equal before the law as all other citizens. This means that all people are equal and that we all have the same rights. No one can take away or deny your right to equality before the law just because you are person with disability. The equality before the law is a very important human right. Persons who are not equal before the law cannot be equal with other citizens in society.
What is legal capacity? Legal capacity means that you have the right to make decisions about yourself and your life. Other persons have to respect your decisions. For example: yy If you have legal capacity you have the right to decide how will you spend your money. yy If you have legal capacity you have the right to decide will you get married or not.
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yy If you have legal capacity you have the right to decide where do you want to live. yy If you have legal capacity you have the right to decide about getting a job and signing work contract. In Croatia many persons with intellectual disabilities are deprived of legal capacity at the court. The person can be deprived of legal capacity completely or just partially. Persons who are completely deprived of legal capacity cannot make any decisions by themselves. Persons who are partially deprived of legal capacity can make decisions only in those areas of their life for which they have retained legal capacity. Decision on the deprivation of legal capacity can be made only by the court. After it decides to deprive a person of legal capacity the court appoints the person with a guardian. The guardian has the right to make decisions for the person deprived of legal capacity. When you are completely deprived of legal capacity you cannot: yy sign any contract, yy manage your money, yy open bank account and manage money on your bank account, yy decide to get marry, yy decide where and with whom to live, Glas samozastupnika
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yy decide about your health treatment, yy manage your property, yy decide about raising your children and planning your family.
What does the Convention say about legal capacity? The Convention says: yy that all persons with intellectual disabilities have full legal capacity as all other citizens. yy that persons with intellectual disabilities cannot be deprived of legal capacity just because of their disability. yy that states have to provide help and support in making decisions to those persons with disability who need help and support.
Important decisions that persons deprived of legal capacity cannot make Majority of persons deprived of legal capacity cannot manage their own property by themselves. Guardians and social care centres manage their property. Personal property is very important to every person. Your property is all that is yours, all that belongs to you. For example, your property can be your apartment, house, clothes or a bike. To manage your property means to make your own decisions about your property.
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The Convention says that states have to do all they can so that persons with disabilities can: yy own property, yy inherit property and yy manage their property. Majority of persons deprived of legal capacity cannot make decisions about important personal issues. For example, they cannot: yy decide about getting married, yy decide about the place to live, yy decide to sign work contract, yy decide about changing their name or surname, yy decide about their health treatment. Because of all this restrictions of rights and freedoms Article 12 of the Convention says that deprivation of legal capacity presents serious discrimination of persons with disability. Article 12 of the Convention says that deprivation of legal capacity violates basic human right to equality before the law. Therefore the Convention says that persons with disabilities must not be deprived of legal capacity and that instead they should be provided with different types of support in making decisions.
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Support for making decisions The Convention says that persons with disabilities have the right to decide about themselves and their lives. Some decisions can be very difficult. That is why some persons with disabilities need support for making decisions. Support must help the persons to make the best decisions possible. Support must listen what the person wants. Support is not allowed to decide instead of the person. Support must not interfere in decisions that the persons can make by herself. In Croatia there are still no support in making decisions for persons with disabilities deprived of legal capacity. This means that guardians still make decisions instead of the persons deprived of legal capacity.
Protection measures The Convention says that states must implement various protection measures that will make persons with disabilities keep their legal capacity. Persons with disabilities who need support usually do not have the same power as persons who provide them support. That is why these persons can easily be cheated by guardians, staff or services that provide them support.
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This is especially relevant for persons with intellectual disabilities. Protection measures must stop others that by intimidation and manipulation exploit persons with disabilities.
Obligations of Croatia and the European Union Croatia and the European Union adopted the Convention and because of that they have to protect your right to legal capacity and support for making decisions. Croatia and European Union have to: yy abandon guardianship. yy respect your right to legal capacity and support for making decisions. yy provide different types of support for making decisions. yy introduce rules to ensure that support respects your attitudes and opinions and that no one can use or cheat you. yy include persons with intellectual disabilities in making decisions and laws that affect their life. yy include persons with intellectual disabilities in the community as much as possible.
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STORIES OF SELF-ADVOCATES Mladen Rupčić My name is Mladen Rupčić and I was born in Germany. I lived in Velika Gorica before living in instituion in Zorkovac. There was a great noise in the institution during morning. I could not go out of the institution. There were no neighbours, coffee shops or stores. I was working in Zorkovac though sometimes I was not keen to work. We were far away from the town, all the stores and other people. That’s why we didn’t have the life opportunity that other people have. I couldn’t choose what I want to watch on TV at the institution. Now I watch news, series and football on my TV. I can see who I like in the news so as to vote for that person. I’m happy because I live in an apartment with my two roommates. I can go for a walk, to the store and market. I like to go for a coffee and cake. While I seat drinking coffee I observe people walking through the city. Now I have the chance to do what I want. I get rewarded for my work. I used my work reward to open savings account in the bank to save money. I wish to go to the seaside to Crikvenica this summer.
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Darvin Sinovčić My name is Darvin Sinovčić. I was in many institutions. In Gornje Prekrižje, in Zajezda, in one of the Caritas care homes, in institution Kustošija, in child care home Vugroves and institution Zorkovac. Now I live in an apartment in the city Karlovac. We were always crowded in institutions as well as in the rooms where we slept. My freedom was very restricted. They made me angry in Zajezda so I ended up in Jankomir. Once I was punished for breaking the window and for punishment had to kneel on the corn with my hands raised up. When I was in institution I could go for a walk. I met some friends when I came to institution Zorkovac. It was nice for me there cause I didn’t know what’s it like to live differently. I knew only the people who lived in the institution. I didn’t have any neighbours and there was no one I could invite to visit me and come for a coffee. When I heard that we will live in town I got scared and started to cry cause I was afraid of yet another change. When I came to community everything was different for me. I live with three roommates in the community and we take care of our household together.
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My life completely changed. The assistant Ljiljana helped me a lot cause she taught me to work. This job means a lot to me. With the money I earn I will by my self a new camera to film things cause that’s what i would really like.
Anđelko Grman Adamović My name is Anđelko Grman Adamović. I was born in Karlovac. I attended school in Karlovac and have finished 7 and 8 grade in institution Zajezda. Then I went back to Karlovac to my mother. When mother got ill I ended up in a foster family near the city Bjelovar. I slept over only one night there. This family sent me to child psychiatry. From there I went to institution Zorkovac. I felt like I was in jail in the beginning cause there were steel bars and I could walk where I wanted. Now I have more freedom and can do what makes me happy. I like it in a house cause I have more freedom and can go for a walk when and where I want. Now I live in the house with seven friends. There I work in a garden and for drugstore DM.
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Every month I get money reward for the work I do. I feel useful now. I am happy and satisfied because of that.
Damir Ozvačić My name is Damir Ozvačić and I’m 60 years old. I spent 37 years in institution Jaškovo and for the last three years I have been living in a community housing programme. I lived with my grandma until I got ill and ended up in a hospital. I was of weak health so grandma had hard job taking care of me so I ended up in an institution Jaškovo. When I arrived in Jaškovo there was a relatively low number of users comparing to later period. Later arrived many new users so it was noisy and never peaceful. We were taken care of so we didn’t have to anything cause everything was cooked, washed and organised. While I was in institution Jaškovo I was taking care of poultry and have started a rabbit farm. I was also taking care of a dog and very much enjoyed working with animals. Since then many things changed. Today I live with a friend in a community housing programme. We take care of the household together. We fostered a four legged pet named Stela who we take out on walks.
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We met people in our neighbourhood who always have nice words for our pet Stela. Also, we can go by ourselves to buy what we need and we often ask our assistant to help us in shopping.
news Round table: Community for All or Only for Chosen Ones On Friday, 16 March 2018, Platform 112 with the sponsorship from Croatian Parliamentary Committee for Human and Minority Rights has organised a round table: Community for All or Only for Chosen Ones. We thank numerous participants for quality presentations and discussions as well as the member of the parliament Bojan Glavašević and Committee Secretary Anja Đurić for the support in organising this event. We especially thank: yy Mrs. Ines Bulić Cojocariu from ENIL, yy Disability Ombudsman Mrs. Anka Slonjšak, yy Head of the Department for Development of Social Services, Foster Care and Humanitarian help at the Ministry of Demographics, Family, Youth and Social Policy Mrs. Zvjezdana Bogdanović for introductory words.
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Self-advocates from Association for SelfAdvocacy Senada Halilčević and Nenad Sekušak also took active part in the discussion. Platform 112 announces further activities in advocating for the implementation of the deinstitutionalisation process that will ensure equal right to living and inclusion in the community for all persons with disabilities in line with the rights guaranteed under the UN Convention on the Rights of Persons with Disabilities.
The Network of Croatian Self-Advocates – Support for Active and Inclusive Life in the Community. Since 1 June 2017 Association for Self-Advocacy has been implementing the programme titled The Network of Croatian Self-Advocates – Support for Active and Inclusive Life in the Community. This programme will be implemented during next 3 years in partnership with the Centre for Support in the Community Ozalj. We have received financial resources for this programme from the Ministry for Demographics, Family, Youth and Social Policy. As part of this programme we have carried out various activities aimed at ensuring the improvement of quality of living for people with intellectual disabilities by including them in educational workshops and
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making opportunities for them to publicly speak about the position of self-advocates in their communities. Self-advocates showed great interest for the workshops at which they learned many new things, discussed and shared their experiences. As a result of our workshops we have produced easy to read brochure titled the Convention on the Rights of Persons with Disabilities - Article 12: Equality Before the Law. We have explained in the brochure in an easy to understand language what is legal capacity and how it affect the life of ever person. The brochure can be read on the Association for Self-Advocacy’s Facebook and web page ww.samozastupanje.hr. We have also printed the brochure and distributed it to self-advocates from all over Croatia. Besides Zagreb the programme was also implemented in Karlovac. From 17 to 20 April 2018 we held educational workshops for our partners from the Centre for Support in the Community Ozalj. We have educated selfadvocates from Karlovac and their assistants about self-advocacy, legal capacity and the right to live independently in the community.
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Till few years ago self-advocates from Karlovac lived in institutions but now they live in the community with support. Learning about their rights at the self-advocacy workshops helps them to have greater influence on their lives. At the end of the project self-advocates from Zagreb and Karlovac organised public discussions in their cities. Self-advocates pointed out to their fellow citizens that self-advocates are also part of the society and asked the public support for full realisation of their rights. Public discussion of self-advocates from Zagreb Community for All took place on 29 May 2018 in the Human Rights House in Zagreb. Public discussion of self-advocates from Karlovac Get to Know me Better took place on 30 May 2018 in the library Ivan Goran Kovačić in Karlovac.
Association for Self-Advocacy elected to 2nd assembly of the Advisory Council of the Disability Ombudsman Our self-advocate Senada Halilčević was elected to the 2nd assembly of the Advisory Council of the Disability Ombudsman. Advisory Council of the Disability Ombudsman was founded on 1 July 2017 by Mrs. Anka Slonjšak, Disability Ombudsman. The members of the Council are persons of different profiles engaged in the advocating for the rights of persons with disabilities in Croatia.
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This body gives advice the Disability Ombudsman and discusses matters important to persons with disabilities. After a half year of work in the Advisory Council and the elections for the 2nd assembly of the Advisory Council we have again got the chance to actively cooperate with the Disability Ombudsman in order to improve the situation of all persons with intellectual disabilities in Croatia.
The best paraolipmic of 2017 Our self-advocates and president Tomislav Ivašković is an excellent judo fighter. He participated in many competitions in Croatia and Europe winning numerous medals. This year he received a deserving acknowledgement for his efforts. Croatian Judo Association proclaimed Tomislav to be the best paraolimpic of 2017. Congratulations Tomo! That’s how it’s done.
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Projekt “We Get To Know Each Other and Advocate” In partnership with Centre for Inclusion and Social Services Bjelovar, Centre for Inclusive Support Slavonski Brod and Association for Promoting Inclusion we implement joint project We Get To Know Each Other and Advocate - Property rights of persons with intellectual disabilities deprived of legal capacity. We have been implementing the project from 2018. In the next 10 months self advocates from 5 cities will get educated about their property rights and will bring to public attention the need for support, help and better legal protection of property rights of persons with intellectual disabilities. The project has been financed by the Ministry for Demogaphics, Family, Youth and Social Policy.
Regional self-advocates convention in Novi Sad As the final activity of the project “Self-Advocates for basic rights of persons with intellectual disabilities in Serbia” implemented by the Association for Promoting Inclusion of Serbia in partnership with Association for SelfAdvocacy a regional convention of self-advocates took place in Novi Sad on 13 April 2018. Self-advocates from Serbia, Monte Negro, Croatia, Slovenia and Bosnia and Herzegovina presented the work in their countries and discussed about many problems and barriers they face every day.
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Association for Self-Advocates was excellently represented at the convention by Nenad SekuĹĄak to whom this was the first public appearance since he started to work for Association for Self-Advocacy.
SELF-ADVOCATE YOURSELF Many persons with intellectual disabilities in Croatia are deprived of legal capacity and because of that they cannot exercise their right to equality before the law and many other rights. This means that legal guardians, social care centres and courts decide about their rights. But you have nevertheless the right to demand that your right to decide is respected as much as possible. Association for Self-Advocacy can help you in providing information about your rights. Contact us also if you want to actively join the work of our association and advocate for the rights of persons with intellectual disabilities.
CONTACT US:
Međimurska 19, 10 000 Zagreb Telephone: 01 553 05 82, Fax: 01 553 05 56 E-mail: kontakt@samozastupanje.hr Visit our web page: www.samozastupanje.hr or visit us on Facebook
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