More information
Description
TO BE CORRECTED: Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.
Summary of project results
The aim of the project was to increase the level of legal protection for people with disabilities. Even though people with disabilities constitute a significant percentage of society, Polish regulations do not provide effective protection against discrimination on the basis of disability in all areas of life, and the standards resulting from, among others, of the UN Convention on the Rights of Persons with Disabilities have not been fully implemented. The Act on the Implementation of Certain European Union Provisions on Equal Treatment of 2010 does not guarantee, among others: protection against discrimination on the basis of disability in the area of access to goods and services. At the same time, due to the lack of implementation of international standards for the protection of the rights of people with disabilities, the Polish legal order still includes, among others: the institution of incapacitation, which contradicts, among others, with the right to self-determination of people with disabilities. For this reason, it was necessary to seek legal protection through the courts using international standards for the protection of human rights of people with disabilities. The breakthrough decisions obtained in this way could influence the practice of applying the law and thus translate into an improvement in the situation of the entire group. This goal was to be achieved by ensuring the possibility of using legal advice and providing legal support, including representation in court proceedings in selected cases, important from the perspective of raising the standard of protection of the rights of people with disabilities.
As part of the project, the Foundation became involved (by joining proceedings or providing professional legal representation) in 15 matters of strategic importance, which concern, among others: areas such as the right to self-determination of people with disabilities, independent living, the right to choose where to live, financial support for people with disabilities and their supporters. Although most of these cases were not resolved during the project, it can be believed that the judgments that will be made in the future in these cases will have a real effect on increasing the level of protection of the rights of people with disabilities. As part of the project, a total of 21 legal counseling sessions were organized (14 stationary in various towns throughout the country and 7 online). In total, over 100 people took advantage of the opportunity to undergo legal consultations, and in general, over 250 people with disabilities or their supporters/guardians requested legal assistance. The remaining people (approx. 150) were people who asked the Foundation for legal assistance by letter and e-mail. They received replies by letter or e-mail with brief legal advice or with information that the Foundation could not handle their case. The inability to deal with the issues in more detail resulted from substantive reasons.
The activities undertaken as part of the project result in benefits in the form of receiving legal advice or legal information by people with disabilities or their supporters. A total of 101 people took advantage of legal consultations during their shifts. Overall, 253 people took advantage of the opportunity to request legal assistance/legal consultation. The remaining people (approx. 150) were people who asked the Foundation for legal assistance by letter and e-mail. They received replies by letter or e-mail with brief legal advice or with information that the Foundation could not handle their case. An extremely important benefit resulting from the project is involvement in 15 proceedings of significant importance for the protection of human rights of people with disabilities or their guardians. The outcome of these proceedings will be important not only for the interested persons themselves, but should also influence judicial practice in this type of cases in the future. Unfortunately, the vast majority of these proceedings did not end during the project, so it is too early to predict the results of these court proceedings, but it seems that the very fact of providing support from the Foundation is important for these people. Unfortunately, contrary to expectations, it was not possible to obtain a favorable ruling from the Supreme Court in the incapacitation case. This shows that it will be difficult to change the practice of applying this institution, but great hope for improving this situation is provided by the ongoing legislative work at the Ministry of Justice on the reform of this institution, in which the Foundation has joined. The Foundation plans to continue to deal with the rights of people with disabilities and take actions to increase the level of legal protection for this group of people.