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Description
The implementation of supported decision making services for persons with mental disabilities is necessary in order for them to live independently and to make their own decisions with or without support. The current legal framework does not allow persons under guardianship to exercise their legal capacity, considering them incapable of caring for their own interests. A guardian makes all decisions on their behalf, without them being able to sign contracts, work, decide how, where or with whom to live, access a bank account, get married or lodge complaints on their own behalf. Currently, in Romania there are 7,024 persons with disabilities under guardianship, half of them being institutionalized in over 442 centers. Another 4,000 people are at risk of being placed under guardianship. The UN Convention on the Rights of Persons with Disabilities, ratified through Law 221/2010, recognizes their right to act equally with others in all aspects of life and obliges the state to implement supported decision making services for persons with disabilities.
The project aims to increase the capacity of persons with mental disabilities, stroke and dementia to exercise their rights and to maximize their autonomy. The project plans to develop and pilot four models supported decision making services in collaboration with public and private social service providers. These services are to be promoted at the legislative level as an alternative to guardianship measures. People with disabilities, their families, NGO representatives, personal assistants, caregivers will be trained in applying decision making support tools. The right to be included in the community and social inclusion will be promoted through an advocacy campaign by informing, counseling and representing persons with disabilities before the competent authorities, and by lodging legal actions before courts.
Summary of project results
The project contributed to increasing the capacity of people with mental disabilities, stroke and dementia in Romania to exercise their rights, and increase their autonomy, by reforming the legal framework in line with the UN Convention on the Rights of Persons with Disabilities.
The project''s activities included advocacy for the adoption of Law 140/2022 and its implementing regulations, thus replacing the guardianship with gradual protection mechianisms and assistance in decision-making adapted to the specific needs of each person. Fourteen workshops and two training sessions were also organised on decision support mechanisms for people with disabilities and legislative changes. 519 professionals (social workers, psychologists, medical doctors, representatives of guardianship authorities, local authorities, lawyers and NGO representatives) were trained and informed within these events. The new models of supported decision-making services were piloted, both online and on-site, in collaboration with five private social service providers, resulting in 4960 people being informed and counselled regarding the legislative changes and the review of persons placed under legal guardianship. Also, more than 60 cases were filed before the courts of law, in order to review guardianship and uphold the right of persons with mental disabilities to live independently. The intervention also featured an information campaign on the rights of people with mental disabilities and supported decision-makiing, conducted both online and offline, by using innovative artistic elements, such as an itinerant oversized bird cage and a theater play. 348664 people were informed about the project.
The project had a major impact on the whole society through the reform of the civil legislation, the emergence of a methodology for the assessment of decision support, training and information for people with disabilities, families, guardians, staff in social services and psychiatric hospitals, magistrates.